SETH SEADEY
V.
MRS. GERTRUDE ADJATEY ADDY

(2018) JELR 69672 (CA)

Court of Appeal · CIVIL APPEAL NO: H1/07/2018 · 27 Mar 2018 · Ghana

CORAM

K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS.) JA

Core Terms ^Beta

plaintiff

defendant

father

plaintiff’s father

evidence

area of dispute

learned trial judge

cross-examination

burden of proof

parking lot

trial court

evidence of the plaintiff

said land

award of damages

case of the plaintiff

declaration of title

defendant’s father

evaluation of the evidence

omnibus ground

opanin adu

part of the land

portion of the land

weight of the evidence

case of the defendant

defendant’s land

evidence of the surveyor

exclusive jurisdiction

father’s use

full trial

judgment of that court

judgment of the high court koforidua

koforidua huhunya road

lawrence kwaku seadey

parcel of land

part of the disputed land

pieces of evidence

plaintiff’s case

plaintiff’s property

plaintiff’s siblings

pleadings of the parties

plots of land

primary findings of the trial judge

property of kofi adjatey

said plan

substantive grounds of appeal

such occupation

temporary structure

title document

trial judge

JUDGMENT

AGYEMANG JA:

In this appeal against the judgment of the High Court Koforidua, delivered on the 31^st of October 2014, the defendant/appellant (hereafter referred to alternately as the defendant, or the appellant) seeks a setting aside of the judgment of that court.

The matters that have given rise to the appeal are set out hereafter.

The plaintiff/respondent (referred to as the plaintiff, or the respondent) brought suit at the court below for herself and for her siblings, seeking inter alia, a declaration of title to land situate at Srodae, Koforidua, and bounded on all sides by the property of Kofi Adjatey, Kofi Kumah, Defendant’s land and the Koforidua Huhunya Road; recovery of possession, and damages for trespass.

It was the case of the plaintiff that her father who died in 1973 was in his lifetime, a transport owner. She alleged that in 1943, her father acquired a parcel of land with building thereon, from one Kwame Adjaye who conveyed same to the plaintiff’s father with the co…

SETH SEADEY V. MRS. GERTRUDE ADJATEY ADDY

SETH SEADEY
V.
MRS. GERTRUDE ADJATEY ADDY