[2012]DLCA8647 • June 28, 2012 • Court of Appeal
NANA OWUSU SEKYERE vs. NANA OFORI ATTA KWAKWO MARFO ANTWI BOASIAKO
Mariama Owusu, J.A.: On 19-10-2010, the plaintiff’s claim was dismissed as not proved, by the High Court, Ashanti-Mampong. Cost of GH¢500.00 was awarded in favour of the defendant. Dissatisfied with the decision of the High Court, the plaintiff filed the instant appeal. The Grounds of Appeal are: 1. The court failed to observe the legal requirements needed for a person seeking for a declaration of title and therefore erred in law in his conclusions. 2. The court failed to consider the evidence of the gift to the plaintiff/appellant and his siblings and their long possession when there is sufficient evidence in favour of plaintiff/appellant not challenged by the defendants/respondents. 3. The court erred in law by saying and relying on the fact that lands in Boben do not belong to Mamponghene but to Boben Dikro thereby arriving at a wrong conclusion in the case. 4. The court failed to make a finding of fact as to the identity of this Totwi in order to determine whether defe...