YAW NKRUMAH
V.
OPANIN KWAKYE

(2012) JELR 63858 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/38/2012 ·  30 Nov 2012 ·  Ghana
CORAM
JUSTICE FRANCIS G KORBIEH JA [PRESIDING] ,JUSTICE IRENE C DANQUAH JA, JUSTICE ALHAJI TANKO AMADU JA
Core Terms Beta
plaintiff
defendants
plaintiff’s father
father
trial judge
defendant’s grandmother
site plan
town development committee
trial court
supreme court
plot no. a
chief of bodomasi
clear evidence
defendant’s land
disputed land
extraneous facts
name of his son kwasi prempeh
payments of property rates
respect of plot no.14
sole ground of appeal
trial
amended statement of claim
appeal counsel
bodomasi land register
case of the plaintiff
circuit court
claim of the plaintiff
defendant’s case
defendant’s grandmother afia kwankye
defendant’s grandmother nana afua kwankye
defendant’s property
defendants’ title
ejectment of the defendants
exclusive property
father’s land
gift of the plot
instant appeal
mechanical lloyd assembly plant
name kwabena nsafoa
payment of property rate
plot allocation committee of bodomasi
plot number a15 bodomasi
portion of the plot
record book
record of the bodomasi land register
said plot no.
stated condition
trial circuit court
weight of the evidence

JUDGEMENT

IRENE C DANQUAH JA

The Plaintiff brought an action before the Circuit Court, Kumawu for and on behalf of his siblings claiming for the ejectment of the Defendants from Plot number A15 Bodomasi. Subsequently, the Plaintiff amended the Writ of Summons claiming for declaration of title to Plot No. 15 Bodomasi, recovery of possession and damages for trespass. By the amended Statement of Claim filed on 6/05/08, it was the case of the Plaintiff that his father by name Kwabena Nsafoa acquired the disputed land over 50 years ago when there was no plan covering the area. In 1965, a site plan was prepared to cover the area and his father’s land was numbered Plot 15, whilst Opanyin Yaw Duffour was allocated Plot 14. Plaintiff’s father registered Plot 15 in the name of his son Kwasi Prempeh at the Town Development Committee. His father, subsequently, made a gift of the plot to his wife Afua Kuma and upon her death, to all his children and ‘aseda’ was given in the presence of family member…

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