[2008]DLSC2472 • May 7, 2008 • Supreme Court •
THEODORE ADJEI OSAE (DR.) & ORS vs. NUMO NORTEY ADJEIFIO & ORS
The appellants sued the first two respondents for a declaration of title to a parcel of land and a perpetual injunction restraining the respondents from interfering with the land. The trial court ruled in favor of the appellants, but the Court of Appeal reversed the decision in favor of the respondents. The appellants appealed to the Supreme Court. The dispute centered on the boundaries and ownership of Teshie quarter lands, particularly whether the lands extended beyond the railway line to the Akuapim Hills and the ownership of Otinshie village lands.
read moreBROBBEY, J.S.C: On 17th November 2000, Asare-Korang J (as he then was) entered judgement for the appellants who sued the first two respondents amongst others for a declaration of title to the Land, a description of which was endorsed on the writ of summons and perpetual Injunction restraining them, their servants, agents or assigns from having anything to do with the land. Dissatisfied with the judgment, the respondents appealed to the Court of Appeal which allowed the appeal and entered Judgement in their favour. The appellants then appealed to this court against the decision of the Court of Appeal. Seven grounds of appeal were filed. The first three grounds are quite similar and raise identical issues. The first ground of appeal read as follows: “The judgment of the Court of Appeal was against the weight of Evidence and that the court erred in not holding that, on the balance of probabilities the Plaintiffs/ Appellants discharged the burden of proof placed on them.” In Aku...