[2015]DLCA8271 • March 7, 2015 • Court of Appeal
ABDULAI BRAIMAH SUBSTITUTED UNDER ORDER 6 RULE 2(3) BY ORDER OF HER HONOUR JUDGE ANGELINA HOMIA ON 23/10/2007 FOR AND ON BEHALF OF HIMSELF AND HIS BROTHERS AND SISTER vs. ADISA GBANKULSO H/NO. H. 125, TAMALE
The original plaintiff, Ayishetu Issah, initiated a land title claim on behalf of herself and siblings against the defendant, Adisa Gbankulso, concerning Plot No. 359 Zujung Residential Area, Nakpanzuo, Tamale. After Ayishetu Issah's death, Abdulai Braimah was substituted as plaintiff. The dispute centered on ownership and possession of the plot, with conflicting claims based on purchase from traditional authorities and subsequent development and occupation.
read moreBARBARA ACKAH-YENSU, JA The original Plaintiff, Ayishetu Issah, issued a writ of summons on her own behalf and that of her brothers and sisters, Abdulai Braimah and Zenabu Salifu against the Defendant, Adisa Gbankulso, at the Circuit Court sitting at Tamale in 1997. The said Ayishetu Issah however died subsequently and was substituted by Abdulai Braimah in 2007. The Plaintiff/Appellant (hereinafter simply referred to as “Plaintiff”) failed in his claim for inter alia, a declaration of title to Plot No.359 Zujung Residential Area, Nakpanzuo, Tamale. In the judgment dated 5th November, 2013, the trial court dismissed all the claims of the Plaintiff against the Defendant/Respondent (also to be referred to as “Defendant”). Dissatisfied with the judgment of the trial court, the Plaintiff has appealed to this Court on the following grounds. “1. The judgment is against the weight of the evidence 2. The cost awarded against the Plaintiff is excessive 3. The learne...