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 31st 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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login