[2015]DLCA5318 • July 9, 2015 • Court of Appeal
MART OPOKU vs. ALEX KLU YAO
The respondent acquired approximately ten plots of land from the Nii Ngleshie Addy Family of Accra, evidenced by a land certificate issued in 1993. The respondent fenced and constructed on the land. The appellant claimed ownership through a sublease from Ayaa Tetteh Iddrisu, administrator of Ayaa Kwablah's estate, who acquired the land in 1979 and registered it under the Land Registry Act. The appellant had previously obtained a default judgment in a Circuit Court leading to partial demolition of the respondent's fence. The dispute concerns which party holds superior title to the land.
read moreMARFUL-SAU, JA: This appeal is from the judgment of the High Court, Land Division, Accra. In the said judgment which is dated the 19th May 2009 the plaintiff/ respondent herein was declared the owner of the land the subject matter of this action. The defendant/appellant being dissatisfied with the said judgment has appealed to this court praying that the judgment be reversed. In this appeal the defendant will be referred to as the appellant while the plaintiff will be referred to as the respondent. In the notice of appeal the appellant formulated only one ground which is the omnibus ground that the judgment was against the weight of evidence adduced at the trial. The appellant in his written submission seems to indicate that additional grounds were filed and same argued. From the written submission the additional grounds were:- a. That the learned trial judge erred in not finding out which of the grantors of the plaintiff and defendant was the owner of the land and a rightful person...