[2020]DLSC9897 • October 21, 2020 • Supreme Court •
AGYA BOAKYE ATONSAH PREMPEH vs. ERIC OFEI-KWAPONG
The dispute concerns ownership of a parcel of land at East Legon, Accra. The plaintiff claims title through the Ashong Militse Family of Odaiteitsewe, while the defendant claims through the Osae Family of Otinshie. Both families originate from Teshie. The plaintiff also claims possession. The High Court and Court of Appeal found in favor of the defendant, holding the land falls within the Osae Family's land.
read moreJUDGMENT BY PWAMANG, JSC: My Lords, in this appeal the parties are disputing over the ownership of a piece of land at East Legon, Accra, with each party claiming through disputing original owner families both of which hail from Teshie. The plaintiff claims the land through Ashong Militse Family of Odaiteitsewe whereas the defendant derives his title from the Osae Family of Otinshie. The plaintiff in addition makes a case based on possession. The trial High Court held that on the evidence, the land in dispute falls within the land of Osae Family and therefore decided in favour of the defendant. The Court of Appeal upon review of the evidence affirmed the judgment of the High Court. We are therefore here dealing with a case of concurrent findings which on the authorities we have to be slow in reversing. See Achoro v Akanfela [1996-97] SCGLR 209, ASIBEY V GBOMITTAH & COMMANDER OSEI [2012] 2 SCGLR 800 and ACQUIE V. TIJANI [2012] SCGLR 1252. However, the case being pressed on us by the pl...