REV. ARHIN DAVIES
V.
JOHN KWAME KUMAH

(2014) JELR 69873 (CA)

Court of Appeal · CIVIL APPEAL SUIT NO: H1/24/13 · 16 Jun 2014 · Ghana

CORAM

C. J. HONYENUGA J.A (PRESIDING), D. ADJEI J.A, B. F. ACKAH-YENSU J.A

Core Terms ^Beta

land

respondent

appellant

judgment

trial judge

adverse possession

trial court

weight of evidence

limitation act

supreme court

appellant’s claim

high court

learned trial judge

legal owner

years of adverse possession

appellate court

building plans

court of appeal

defendant’s preliminary objection

learned trial judge mis

said judgment

appellant’s further case

barbara ackah-yensu

basis of the appellant

building permit

case l.t.c davies vrs

case of the plaintiff

common knowledge

current land

decision of the various courts

defendants claim of possession

evidence of any adverse possession

favour of the defendant

following grounds

following terms

judgment of the trial court

larger land

miscarriage of justice

owner of a larger area

produce evidence of his possession

receipt of hr record of proceedings

recovery of possession

respondent’s acts

rightful grantors

undisturbed possession

view of the foregoing findings of this court

BARBARA ACKAH-YENSU, JA

This is an appeal against the judgment delivered on 27^th February, 2012 by the High Court sitting at Sekondi. By the said judgment, the Court dismissed the case of the Plaintiff/Appellant (to be referred to simply as “the Appellant” hereinafter) and decreed judgment in favour of the Defendant/Respondent (also to be referred to as “the Respondent’ hereinafter).

The gist of this case is that the Appellant issued a writ of summons against the Respondent in the High Court for; a declaration that the land in dispute belonged to his paternal family; recovery of possession; perpetual injunction against the Respondent; and general damages. The basis of the Appellant’s case was that he was the grandson of L.T.C Davies who on 10^th December 1912 was adjudged the owner of a larger area of which the current land in dispute forms part, in the case L.T.C Davies v. Norweh. One Ebusuapanyin Yaa Kwesi unsuccessfully tried to claim the larger land from the Appellant in the case Ebu…

REV. ARHIN DAVIES V. JOHN KWAME KUMAH

REV. ARHIN DAVIES
V.
JOHN KWAME KUMAH