[2012]DLCA8398 • July 26, 2012 • Court of Appeal
GABRIEL ANSAH YAW vs. FRANCIS YAW FRIMPONG
MARIAMA OWUSU, J.A: On 23-11-09, the High Court, Sunyani, dismissed the plaintiff’s claim as not proved. In his judgment, the trial High Court Judge held among other things as follows: “The only claim the plaintiff could establish is the fact that he is called Gabriel Ansah Yaw. But is that sufficient reason for the Lands Commission to give the land to him on which another has built at considerable cost and on his own admission he never applied for and has no knowledge how it came about without more. That certainly cannot be the law. Titles to land are not decreed by coincidence of name or suspicion. It must be noted that both parties are the protégées of the Bishop. From the evidence, he entrusted the defendant so much so that he did not divulge whatever he was doing to anybody else especially in relationship to setting up the plaintiff. He left everything in the care of the defendant to handle and after his death, defendant as a good and faithful servant handed over to...