NARTEY KWASI (SUBSTITUTED BY KWEKU NARH) AND ANOR
V.
ASANTE AND OTHERS

(2018) JELR 63844 (CA)    
Court of Appeal  ·  SUIT NO. H1/17/2017 ·  16 Jan 2018 ·  Ghana
CORAM
ACQUAYE JA (PRESIDING), GYAN JA, MABEL AGYEMANG (MRS) JA
Core Terms Beta
judgment
evidence
obiri bekoe
defendants
appellants
co-defendant
co-defendants
trial court
learned trial judge
weight of evidence
counter-claim
trial judge
begoro stool land
appellate court
declaration of title
record of appeal
syndicate of farmers
further grounds of appeal
ground of appeal
omnibus ground
original defendants
recovery of possession
supreme court
additional high court judge
bad law
burden of proof lies
co-defendants’ exhibit
co-defendants samuel budu asare
decision of the high court
delivery of the judgment
end of an interminable number of judges
finding of fact
following reliefs
following terms
given case
hard cases
little wonder
make-weight
notice of appeal
original plaintiffs
peculiar circumstances of the case
portions of the land
registry of the koforidua high court
said land
significant legal implications
such case
trial case
trial high court
unacceptable aberration

SAEED K. GYAN, JA

It had long ago been observed that hard cases make bad law. This is one such case in which sentiment ought to be taken out of the equation to achieve substantial justice in the peculiar circumstances of the case, mindful of Justice Wiredu’s old admonition delivered in his inimitable manner, in FRIMPONG AND ANOTHER V. NYARKO (1998-99) SCGLR 734 at page 742, as follows:

The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law”.

The record shows that this case began its journey in the corridors of our Judiciary as far back as 1987. Indeed, on the 3rd day of September, 1987, the two original Plaintiffs in the case issued out a Writ of Summons in the Registry of the Koforidua High Court against five named Defendants, who were simply identified as:

1) Asante

2) Kwame Kena

3) Kwame Asamani

4) Issa

5) Kweku Ben.

The reliefs sought were for declaration of title to land at a p…

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