[2017]DLCA4795 • May 2, 2017 • Court of Appeal
AUGUSTINE BAIDOO vs. YAW NKUAH ALIAS YEHOWA
The plaintiff, Augustine Baidoo, on behalf of himself and his siblings, claimed ownership of land known as 'Apemanim' on Bakyire Nwore stool land, alleging a gift from his late father. The defendants, particularly the 1st defendant, counterclaimed ownership based on ancestral acquisition and cultivation of virgin forest land by their grandfather in the 1920s/30s. The dispute originated from a Community Tribunal and proceeded through the District Court and High Court, with conflicting claims over land ownership and possession.
read moreSAEED K. GYAN, JA This is an appeal from the judgment of the High Court, Sefwi Wiawso, dated 17th January, 2014. The High Court dismissed an appeal brought before it from the judgment of the District Court, Juaboso, dated 4th February, 2011. Save for a little variation, the High Court dismissed the Plaintiff’s appeal and basically affirmed the decision of the trial District Court. Being aggrieved by and dissatisfied with the judgment of the High Court, the Plaintiff has mounted this further appeal to the Court of Appeal seeking an order setting aside the High Court’s said judgment and entering judgment in favour of the Plaintiff/Appellant/Appellant on the basis of the grounds of appeal contained in the notice of appeal filed on 3/2/2014. The following grounds of appeal were recorded: “ A. The judgment is against the weight of evidence adduced at the trial B. The Learned High Court Judge erred in law when he wrongly applied the principle of nemo dat quod non habet rule ...