YEBOAH RICHARD
V.
OPANIN YAW MANU AND OPANIN KOFI BOADI OF JANKUFA

(2017) JELR 63707 (CA)    
Court of Appeal  ·  SUIT No. H1/46/2015 ·  23 May 2017 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS.) J.A.
Core Terms Beta
land
appellant
respondents
traditional evidence
declaration of title
case
palm trees
weight of evidence
palm farm
statement of claim
ancestors of the appellant
disputed land
high court judge
possession of the land
district court
high court
judgment of the native court of suma kwatwema
appellant’s father
appellate court
bonafide property of the plaintiff
common boundaries
said land
totality of the evidence
trial magistrate
virgin state
additional grounds of appeal
admissibility of exhibit
admissible hearsay
appellant’s averments
authority of the appellant
case law
case of abbey
children’s children
district court magistrate
documentary evidence
e. k. ayebi ja
evidence meeting
evidence shows
existence of a usufructuary interest
following reliefs
fundamental issues
import of section
judgment of the court
judgment of the high court
parcel of land
party’s case
recovery of possession
respondents’ act
traditional way
v. antwi v

DOMAKYAAREH (MRS.), J.A

1. This is an appeal against the judgment of the High Court, Wenchi dated 8th July, 2014.

The plaintiff/respondent/appellant (hereinafter referred to as the appellant) on his behalf and that of his brothers and sisters sued the defendants/ appellants/ respondents (hereinafter referred to as the respondents) at the District Court at Drobo for the following reliefs:

a) Declaration of title to and recovery of possession of all that piece or parcel of land lying and situate at a place commonly called ABENA DUKUU BEPOSO which said land is the bonafide property of the plaintiff and share common boundaries with the properties of 1. Koo Korang 2. Yaw Amoah 3. Kwame Owusu 4. Kofi Asiri 5. Ansah Yaw and a motor road but the defendants have trespassed onto the said land without the consent and authority of the appellant, and

b) General damages for trespass.

2. The appellant averred in the Statement of Claim that the land in dispute was acquired in its virgin state by his grand…

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