MRS. EUGENIA KUMA, PROFESSOR AGBLEZE GALLOW, EMMANUEL AGBLEZE AND THEODORE AKUTSE
V.
CLEMENCE ADEMADZIKU, LAWRENCE SARFOR, ATTA MENSA AMAVI AND AKPALU KOFI

(2010) JELR 65602 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/5/2010 ·  25 Nov 2010 ·  Ghana
CORAM
AKAMBA J.A. (PRESIDING), KUSI-APPIAH J.A., APPAU J.A.
Core Terms Beta
plaintiffs
parties
arbitration
defendants
togbe baduvie
high court
disputed land
evidence
plots of land
valid arbitration
dispute
said arbitration
grounds of appeal
head of the akpo kwami family
male children of the late akpo kwami
portion of the land
principal members of the said family
prior agreement
seth kwasi amevor
way of reply
weight of evidence
chief of peki tsame
consent of the head
court’s decision
essential characteristics of a customary arbitration
evidence of a valid arbitration
fair hearing
family’s land
following grounds
form part of his share
further grounds of appeal
honourable court
kusi-appiah
last side
learned trial judge
life time
needed money
plaintiffs claim
property of atiemo
property of togbe agbley
said meeting
sale of portions of akpo kwami family land
superior court
surviving children
trial judge

KUSI-APPIAH, J.A.: By their writ of summons the plaintiffs/ appellants (hereinafter referred to as the plaintiffs) sued the defendants/respondents (hereinafter also simply referred to as the defendants) claiming:

1 Declaration that the sale of portions of Akpo Kwami family land bounded hereunder by the 1st defendant to 2nd, 3rd and 4th defendants is invalid.

On one side by the property of Togbe Agbley.

On one side by the property of Atiemo.

On one side by the property of Amenu and mama Koboki Tedeku.

On the last side by the property of Atiase Peter.

2 Damages for trespass against 2nd, 3rd and 4th defendants.

3 Recovery of possession.

The facts relied on by the parties to establish their respective claims were not complicated. The plaintiffs averred by their pleadings that the 1st plaintiff is the head of the Akpo Kwami family whilst the 2nd, 3rd and 4th plaintiffs are children of three deceased male children of the late Akpo Kwami and thus grandchildren and principal members of the said famil…

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