[1989]DLCA652 • January 19, 1989 • Court of Appeal
NYAMEKYE vs. ANSAH
The plaintiff claimed title and a perpetual injunction over a disputed land at Kajebil against the defendants, who counterclaimed for title to nearly the same land. The High Court dismissed the plaintiff's claim and ruled for the defendants. The dispute centered on whether the land belonged to the entire royal Ekissi family or a branch thereof, and issues regarding ownership and rights over a cemetery and proceeds from palm trees. Both parties belonged to different sections of the royal Ekissi family, with the plaintiff claiming occupation rights through ancestral cultivation and succession, while the defendants asserted stool ownership with authority over the land.
read moreJUDGMENT OF AMPIAH J.A. The plaintiff in her action claimed against the defendants a declaration of title to a piece of land at Kajebil and an order of perpetual injunction to restrain the defendants, their agents, workmen and assignees from interfering with her family’s rights over and in the disputed land. The defendants denied the plaintiff’s claim and counterclaimed for a declaration of title to almost the same land. The learned trial judge at the High Court, Sekondi on 2 August 1983, dismissed the plaintiff’s claim and gave judgment for the defendants on their counterclaim. Against this judgment the plaintiff has appealed to this court. The plaintiff has attacked the judgment on many grounds, one of which is that the judgment was against the weight of the evidence. The issues which the parties set down for determination were: (a) Whether the land in dispute belongs to the whole royal Ekissi family of Kajebil or to the T. S. Apia’s branch of the said family. ...