OBAAPANYIN AKOSUA NYANTAKYIWAA AND MR. KWAKU ABRAHAM
V.
ISAAC DARKWA

(2013) JELR 65452 (CA)    
Court of Appeal  ·  SUIT NO: H1/204/2012 ·  18 Apr 2013 ·  Ghana
CORAM
OWUSU M. J.A. (PRESIDING), ACQUAYE K. J.A., DORDZIE M. J.A.
Core Terms Beta
appellant
defendant
case
plaintiff
evidence
respondent
disputed land
trial judge
akim oda district court
res judicata
instant suit
pieces of evidence
previous litigation
declaration of title
food crops
trial court
yaw fampong
additional issues
high court
akim oda high court
appellant’s land
father opanin kofi tano
owner of the disputed land
piece of land
respondent’s case
weight of the evidence
akim nkwanteng land
appellant’s statement
case of hanna assi v
case of the defendant
case of the plaintiff
civil suit
contumelious conduct of the plaintiff
counter claim
decision of the court
effect of this judgment
favour of the appellant
following facts
following grounds
following issues
grounds of appeal
judgment of the akim oda district court
k. a. acquaye
part of the akwasi dwira family lands
recovery of possession of the entire land
said anomaly rest
son kofi tano
subject matter of the said suit
subject matter of this appeal
trial of the case

MARIAMA OWUSU, J.A:

On 30-1-2012, the High Court, Koforidua, gave judgment against the plaintiff. The Court held among other things that,

“From the above, and for the reasons given, judgment is entered against the plaintiff in respect of all the reliefs endorsed on her writ.

The defendant in this case did not counterclaim for a declaration of title, recovery of possession and an order of perpetual injunction amongst others as was the case in the previous litigation. However, with the resolution of all the issues and additional issues in his favour, he is entitled to being declared owner of the disputed land and the court so declares. The effect of this judgment means that the judgment in the previous litigation declaring title in his favour upon his counter claim stands unaffected. Also see the case of Hanna Assi v. Gihoc Refrigeration and Household Products Ltd. (No.2) [2007-2008] 1GLR 16 which held that where on the evidence a defendant is clearly entitled to a remedy but filed no coun…

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