KWAKU BANIBA (HEAD OF BANIBA FAMILY AND MATHIAS BOBOEFE vs. MOSES WEGBE

A. INTRODUCTION 1. The reliefs sought by Plaintiffs/Appellants (Appellants) in their writ of summons at the District Court, was as follows: (a). Recovery of possession of the said land since Plaintiffs want to pay for the mortgage amount of GHC240.00 to Defendant. (b). Costs. The identity of the land which is the subject matter of the suit is well described in the writ and admits of no controversy. 2. In the plenary trial, Plaintiffs relied on the evidence of 1st Plaintiff and a witness named Kobla Boboefe. Defendant/Respondent (Respondent) testified without calling a witness. On the 8th of February, 2018 the trial District Court, after a whirligig of reasons, gave judgment in favour of the Respondent herein. 3. The court aquo found that the Respondent did not conduct due diligence as to the root of title before purchasing the land. The court seemed to think that Respondent’s vendor was not the bona fide owner of the land with the right to alienate same. Applying the e.....