[2018]DLCA5602 • June 21, 2018 • Court of Appeal
MRS. JENNIFER KANKAM NANTWI AND MARTIN KANKAM NANTWI vs. JOSEPH AMENYA
The Plaintiffs/Appellants purchased land from Kofi Boateng in 2000/2001, claiming root of title from the Amoah We Okromansah Family of La. The Defendant/Respondent held a Land Title Certificate obtained in 1997 via transfer from Madam Oboney Hyde, who had title from the Amoah We family. The land was part of government-acquired land, but the townsfolk were permitted by government to retain and alienate portions. The Plaintiffs denied knowledge of prior litigation involving the Defendant and a third party, Edith Nyarko, and alleged fraud in the earlier judgment and in the Defendant's land title certificate. The Defendant counterclaimed for declaration of title and possession, asserting lawful acquisition and possession since 1997.
read moreAVRIL LOVELACE-JOHNSON JA: The present appeal has been launched by the Plaintiffs/Appellants against the judgment of the High Court delivered on 1st November 2013 on the following grounds 1. The Learned trial Judge erred by dismissing the Plaintiff’s claim and upholding the Defendant’s counterclaim. 2. The Learned trial Judge erred in accepting the Defendant’s case that the Government granted the town folks some plots of land who in turn granted same to individuals. 3. The Learned trial Judge erred by recognizing alienations made by individuals of land within a government acquisition area as validly made. 4. The Learned trial Judge erred by failing to order the cancellation of the Defendant’s Land Certificate No. GA 10930 5. The costs awarded are excessive 6. The judgment is against the weight of evidence. They seek from this court an order setting aside the judgment and costs awarded by the High Court and a further order entering judgment for them instead. In sum the ...