SOLOMON BAAH
V.
MELCOM GHANA LIMITED SUNYANI BRANCH AND SUNYANI MUNICIPAL ASSEMBLY

(2016) JELR 69508 (CA)    
Court of Appeal  ·  SUIT NO.: H1/27/2015 ·  27 Jan 2016 ·  Ghana
CORAM
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.
Core Terms Beta
high court action
lands commission secretariat
evidence of the defendant
record of appeal
high court
adverse possession
part of the wall
proprietary interest
favour of the appellant
dimension of land
honorable trial court
learned trial judge
rights of parties
undisputed facts
land
plot
plot no
akakpo v anyah iddrisu
use of the toilet
section of plot
part of the plaintiff
grandson paul mfum
grounds of appeal
sunyani municipal assembly
adverse claim
block d central area
melcom ghana ltd
beneficial owner of plot
appellant’s land
plaintiff’s plot no.
notice of appeal
original defendant
trial judge
otherwise critical evidence of dw2
city records
toilet facility
fence wall
proper resolution of a dispute
appellant counsel’s argument
school authorities
court of appeal rules
nrcd 323provide
site plan of plot
statement of claim
conclusive presumptions
appeal
occupants of plot no

TORKORNOO (MRS), J.A.

Every proper story begins with the words ‘In the beginning’. And so must the just and proper resolution of a dispute be done by tracing the rights of parties with regard to the subject matter of the dispute from the beginning of their acquisition of those rights. Any process of resolution that attempts to resolve a dispute without considering the landmarks of the rights from their estuary to the points of difference is likely to result in miscarriage of justice.

In the beginning of the transactions that led to this dispute, one late Opanin Kwadwo Ntow obtained proprietary interest in what was called Plot no 28 Block D Central Area, Sunyani. From the planning scheme of the Town and Country Planning Department of Sunyani tendered as exhibit G in this suit, this plot measures 120 x 140 feet. It shares a boundary with Plot no 27 Block D Central Area, which was used as a school by the Sunyani Municipal Assembly.

According to the undisputed facts, a toilet facility was bu…

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