[2013]DLCA4695December 12, 2013Court of Appeal

TOGBUI BOSU AGBENU (DEC’D) AND TOGBUI NAKAKPO DUGBAZA VIII vs. THOMAS AGBO AND 4 OTHERS

MARIAMA OWUSU, J.A: This case is about the ownership of Amidoe Creek within Tefle Traditional Area in the Volta Region. The trial Judge resolved the issue in favour of the co-plaintiff as against the defendant and co-defendants. Dissatisfied with the decision of the High Court, the defendants have appealed to this court on the following grounds: 1. The judgment is against the weight of evidence. 2. The trial judge erred by refusing or failing to consider the numerous Judgments tendered in evidence by the defendants in support of their claims but proceeded to decide the case over Amidoe Creek only. 3. The trial judge erred in deciding in favour of the plaintiff without establishing with any documentary evidence that he was granted the Amidoe Creek by Dugbaza family. 4. The trial judge erred by proceeding to hear the case to conclusion when the plaintiff was deceased but has not been substituted for in the case. 5. The trial judge erred by holding that all Tefle lands includin...