OFOE OSUSSEY
V.
DR. REX EMMANUEL OFOE CHACHU & ANOR.

(2002) JELR 63489 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 5/1995 ·  27 Jun 2002 ·  Ghana
CORAM
WOOD J.A. (PRESIDING), ARYEETEY J.A., AMONOO-MONNEY J.A
Core Terms Beta
defendant
plaintiff
land
evidence
learned trial judge
brother
grounds of appeal
arbitration award
declaration of title
learned judge
building plot
otsiami afotey kojo
record of appeal
amended counterclaim
case invalid
cross-appellant
high court judge
issue of arbitration
massive evidence oral
trial judge
absolute title of the nugua stool
basis of want of evidence
claims fail
complete agreement
course of the trial
defendant’s father
dwelling house
earlier arbitration
entire panel
first cousin
first effort
following counterclaim
following reliefs
high court
nugua stool elders
ofoe’s own witness afieyo okle
own resources
own use
panel member
perpetual injunction
plaintiff’s side
portion of his land
purposes of this judgment
statement of claim
subject matter of the dispute
subject of the arbitration
valid arbitration
way of customary drink
whole of the building project

ARYEETEY, J.A.

For the purposes of this judgment I would refer to the plaintiff/appellant as the plaintiff, the defendant/cross-appellant as the defendant and the co-defendant/cross-appellant as the co-defendant. As would be expected the plaintiff on one hand and the defendant, supported by the co-defendant, on the other give conflicting accounts of the background to this litigation. While the plaintiff asserts that he acquired the land which is the subject matter of the dispute alone and put up a building on it, using his own resources for his own use, the defendant contends that it was at his initiative that the building plot upon which he intended to build a house for his family was acquired. According to his pleading, sometime in 1968 he discussed with the plaintiff who happens to be his first cousin the need to acquire a building plot at Nugua to put up a dwelling house for the use of their family members who visited Accra from Ada. Their first effort yielded the acquisition of a …

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