[2023]DLSC15111 • April 26, 2023 • Supreme Court •
THEOPHILUS TEIKO TAGOE, THE NUNGUA STOOL vs. DR. PREMPEH, BENJAMIN AMARTEY MENSAH
The dispute concerns ownership of a parcel of land claimed by the Plaintiffs as part of Adjiringano lands under the Nungua Stool, and by the Defendants as part of Tesa lands under the Numo Kofi Anum family. The 1st Defendant acquired the land in 1993 for a clinic, initially from Ashong Mlitse family, then from Numo Kofi Anum family. The 1st Plaintiff acquired the land from the Nungua Stool in 2007 and took possession. Both parties erected walls and alleged trespass by the other. The Nungua Stool and Numo Kofi Anum family joined the suit to protect their interests.
read moreASIEDU JSC:- (1). INTRODUCTION: My lords, there are basically two major issues to be determined in this appeal and, these are: whether the land in dispute in this matter falls in the lands generally referred to as the Adjiringano lands or whether it forms part of the lands generally known as Tesa lands. The Defendants/Appellants/Appellants (hereafter referred to as the Defendants) claim that the land in dispute is part of Tesa lands whiles the Plaintiffs/Respondents/Respondents (subsequently to be known as the Plaintiffs) also claim that the disputed land is part of Adjiringano lands. The second issue is whether or not the witness for the 2nd Defendant herein had the right to testify as a witness in the matter before the trial High Court. (2). FACTS: The 1st Defendant, Doctor Prempeh claims that he acquired the land in 1993 or thereabout for the purpose of building a clinic known as Adehye Clinic. He was given an indenture in 1995. According to him, whiles on the land, he observed ...