JANE BRUCE TAGOE vs. NANA BOAKYE, MICHAEL ATTIPOE

JUDGMENT The parties herein are both not the original owners of the land in dispute but are beneficiaries of these original owners. The narration of root of title is therefore for both parties stories handed down to them from these original owners. The evidence of the plaintiff is a traditional evidence of transfer handed down from her late father to her, whilst the 2nd defendant also testified of a transfer from a vendor to his late father. Since both parties have a common grantor there must be another way to justify the right of claim of one party over the other, either by dates the transfer was effected or by acts of possession and occupation. The statement made by Atuguba JSC in the case of IN RE KROBO STOOL (NO.1) NYAMEKYE v. OPOKU [2000] SCGLR 347 is here applicable; “… the best way of evaluating traditional evidence is to test the authenticity of the rival versions against the background of positive and recent acts” The defendant therefore depended heavily on acts o...