[2023]DLCA16931 • January 19, 2023 • Court of Appeal
AZIMI SHAARANI vs. REV. WILLIAM AMANKWAA
The plaintiff/appellant, Azimi Shaarani, claimed ownership of a parcel of land in Accra, asserting acquisition from the Ashong Mlitse family of Odaitei Tse We of Teshie in 2006 and possession since then. He alleged peaceful possession until the defendant/respondent, Rev. William Amankwaa, interfered by demolishing a fence wall and trespassing. The defendant claimed prior ownership via a lease from the same family in 2005 and denied trespass, alleging the plaintiff's documents were fraudulent. The dispute centered on the validity of competing titles and possession.
read moreJUDGMENT HENRY KWOFIE JA: This present appeal has been launched by the plaintiff/appellant against the judgment of the High Court Accra (Land Division) delivered on 22nd of November, 2019. The trial court in that judgment dismissed the plaintiffs claim and entered judgment for the defendant on his counterclaim. Dissatisfied with the said judgment, the plaintiff/appellant launched the instant appeal on 5th December 2019 on the following grounds: i) The whole judgment is against the weight of evidence before the Court. ii) The learned trial judge erred in law when he equated the unproved irregularities around the issue of the plaintiff/appellants Land Certificate with fraud iii) The learned trial judge failed woefully to appreciate the nature, time and consequence of plaintiff/appellants possession and occupation of the land in dispute and led him to wrong conclusion that led to a miscarriage of justice iv) The learned trial judge erred in law when he failed to appreciate the...