CHARLES TORSU vs. ETSE TUGBENYO, DOH TUGBENYO AND DOTSE TUGBENYO

BRIGHT MENSAH JA: My Lords, the most fundamental issue central to the determination of this appeal is, as between the parties to this dispute, the one that has better equitable interest in the land, the subject matter of the suit and therefore, entitled to remain in possession. Is it the plaintiff/respondent or the defendants/appellants? This introductory remark is against the backdrop of the finding of fact made by the court of first instance ie the Tema District Court which decision was affirmed on appeal by the Tema High Court that both parties to the suit were unable to prove that their grantors have allodial title to the disputed land. The decision of the High Court delivered 12/10/2018 appears on pp 246-258 of the record of appeal [roa]. Being dissatisfied with the judgment of the High Court, the defendants/ appellants have further appealed to this court. Grounds of appeal: Per a notice of appeal filed in this court on 26/11/2018, the defendants/ appellants complain t...