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MOUNT OLIVET SCHOOL
V.
KWAKU BOSOMPRA AND YAW NTRAKWA OFORI

(2016) JELR 64612 (CA)

Court of Appeal 23 Nov 2016 Ghana
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- This case involves a dispute over land ownership and trespassing. - The trial judge ruled that an unregistered document was inadmissible as evidence. - The appellant argues that the judge erred in this ruling. - The appellant cites releva

Case Details

Suit Number:SUIT NO: H1/62/2016
Judges:E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., M. DOMAKYAAREH (MRS.) J.A.
Counsel:WILLIAM KUSI FOR DEFENDANT/APPELLANT,KWAKU YEBOAH APPIAH FOR PLAINTIFFS/RESPONDENTS

JUDGMENT

TORKORNOO (MRS), J.A.

The contention in this interlocutory appeal is whether the learned trial judge erred when he ruled that an unregistered document is inadmissible on account of the failure to register it before seeking to tender it in evidence.

The Plaintiffs/Respondents had commenced an action against the Defendant Appellant for:

a. Declaration that title to all that piece and parcel of land situate at Ahodwo, Kumasi on Kuku-Ahodwo Stool Lands and described as Plot 19 Block Q, Ahodwo, Kumasi, Nhyiaso Stool forms part of the estate of Kwasi Ofori.

b. An order for recovery of possession of the portion of the Plot 19 Block Q, Ahodwo, Kumasi onto which the Defendant has trespassed.

c. General damages for trespass.

d. Order of perpetual injunction restraining the Defendant herein, whether by itself or its agents, assigns, servant, workmen and all or any other persons claiming ownership, under own trust from it from in anyway interfering with or dealing with the land.

In its defence, …

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