[2016]DLHC17418 • October 28, 2016 • High Court
ELIZABETH ABBAN ASHONG vs. NARTEY KOBLAH
The plaintiff, Elizabeth Abban Ashong, sued the defendant, Nartey Koblah, seeking an order compelling the return of the original Kofi Tsuru Family Indenture document relating to family land at Obeyeyie. The plaintiff alleged that she collected the document from the Lands Commission in the company of the defendant, who was supposed to make a photocopy but refused to return the original despite repeated demands. The defendant denied receiving the document from the plaintiff and claimed the land belonged to the Kofi Tsuru family, not the Tetteh Kofi family. The District Court ruled in favor of the defendant, prompting the plaintiff to appeal.
read moreJUDGMENT Plaintiff/appellant hereinafter known as the plaintiff commenced the instant action against the defendant/respondent hereinafter known as the defendant at the District Court, Amasaman praying that court for an order for the defendant to return to her the Kofi Tsuru Family Indenture on its land she gave to him for which he has refused to return to her in spite of repeated demands. The District Court went through full trial of the case and delivered its judgment on 30th August, 2013 in favour of the defendant. The plaintiff being dissatisfied with the said judgment has appealed to this court for variation of the said judgment. Brief facts of the case are that both the plaintiff and the defendant are second cousins and both belong to the Tetteh Kofi Family of Obeyeyie. The plaintiff avers that the family had a vast land at Obeyeyie which has been documented by Statutory Declaration deposited at Lands Commission. The plaintiff was informed of this vast land by Numo Tei Aryee w...