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 27th 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 10th 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…

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