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OSUMANU BONCANA
V.
HASSANA MUSAH ALHASSAN

(2024) JELR 111786 (CA)

Court of Appeal 25 Feb 2024 Ghana
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- The main issue in this appeal is whether the trial Judge's conclusion that the subject matter land belongs to the Plaintiff/Respondent is supported by evidence and sustainable in law. - The trial Judge concluded that the subject matter la

Case Details

Suit Number:SUIT NO: H1/27/2019
Judges:JUSTICE NOVISI ARYENE (MRS.) J. A. (PRESIDING) JUSTICE JEROME NOBLE-NKRUMAH (MR.) J.A. JUSTICE KWEKU T. ACKAAH-BOAFO (MR.) J.A.
Counsel:GEORGE ASAMANI FOR THE DEFENDANT/APPELLANT WITH GODWIN ADONGO JOSEPH NANA ANSAH BANFUL FOR THE PLAINTIFF/RESPONDENT
Location:Accra

JUDGMENT

Ackaah-Boafo, J.A.

i.          Overview:

[1]    My Lords, the main issue on this appeal is whether the trial Judge’s conclusion that the subject matter land belongs to Plaintiff/Respondent is anchored in the evidence and sustainable in law. The appeal arises out of an action instituted at the Circuit Court, Tarkwa for declaratory and injunctive orders, to a piece of land situate at Aboso in the Prestea-Huni Valley District of the Western Region. The trial Judge after hearing the evidence and analysing same concluded that while a superimposition of the site plans of the parties would have been helpful, the evidence showed that the subject matter land belongs to the Plaintiff/Respondent and her possession should not be disturbed.

[2]       Dissatisfied with the judgment dated and delivered on 17th January 2017, Osumanu Boncana, the Appellant, appeals the decision of the trial court to this Court pursuant to the rules of this Court.  My Lords, as noted above, the fundamental issue i…

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