SAMUEL OBLIE & 2 ORS.
V.
TETTEH LANCASTER

(2014) JELR 69720 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/184/2013 ·  19 Feb 2014 ·  Ghana
CORAM
MARIAMA OWUSU (PRESIDING), KORBIEH J.A. , DZAMEFEJ.A.
Core Terms Beta
land
defendant
appellants
trial judge
family
disputed land
learned judge
ayi mensah
declaration of title
trial
finding of fact
plaintiffs’ claim
traditional history
burden of proof
case of the defendant
family land
high court
parcel of land
spite of the indefinite description of the land
title of kpobi
absence of any evidence of an absolute grant
additional ground of appeal
appellants’ own witness pw2
applicable rules of the high court
behalf of asua we family
brief background of the case
civil procedure rules
correct principle of law
decision of the high court
evidence of the only independent witness
following grounds
great grand-father okpoti sorsey
grounds of appeal
judgment of the trial judge
land shares boundary
light of such recent facts
main issues
own name
part of agbawe quarter lands
plaintiffs’ case
principal members of the said family
reason of the marriage of his sister adjeley
recovery of possession of the said parcel
use of portions
weight of evidence
whole evidence

JUDGEMENT

MARIAMA OWUSU, J.A:

On 30-7-2010, the High Court, Accra, dismissed the plaintiffs’ claim against the defendant. The Court gave judgment for defendant on his counterclaim as follows;

1. Declaration of title to the land in dispute.

2. Perpetual Injunction restraining the plaintiffs, their agents, assigns etc.

3. Recovery of possession and General Damages of GH¢2,500.

4. The Court also awarded cost of GH¢8,000 against the plaintiffs.

Dissatisfied with the decision of the High Court, the plaintiffs appealed to this Court on the following grounds.

A. The Judgment is against the weight of evidence.

B. The Learned Judge erred in ruling on matters which were neither set down for trial nor disclosed by the pleadings i.e.

[i] Limitation.

[ii] Title of Kpobi We Family.

C. The Learned Judge erred in declaring title for the defendant personally when his whole evidence and exhibits are to the effect that the land is his family land.

D. The Learned Judge erred in declaring title for the defendant in s…

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