[2023]DLSC16097 • July 26, 2023 • Supreme Court •
OSEI YEBOAH vs OSEI KARIKARI
The Plaintiff claimed title and possession of a parcel of land at Kwayemu, New Juaben Municipal Area, alleging purchase by his late father from Afua Dawa's family in 1951. The Defendants denied the claim, asserting the land was at Kyekyewere and not part of the sale, and counterclaimed for compensation paid to the Plaintiff by the Roman Catholic Church. The trial court dismissed the Plaintiff's claim and upheld the Defendants' counterclaim. The Plaintiff appealed, and the Court of Appeal reversed the trial court's decision, declaring the Plaintiff's title and awarding damages and injunctions against the Defendants. The Defendants appealed to the Supreme Court.
read moreJUDGMENT OWUSU JSC:- On 26th November, 2018, the Court of Appeal, Koforidua allowed the appeal of the Plaintiff/Appellant/Respondent. In its judgment the Court of Appeal held among other things as follows: “Having found that the trial judge erred in entering judgment for the defendants/respondents, we agree with the fifth ground of appeal that the judgment is against the weight of evidence led at the trial. We reverse the conclusions of the trial judge and rescind her order that the defendants/respondents recover the compensation paid to the plaintiff/appellant with interest. Appeal succeeds. We order a declaration of title against the defendants/ respondents for the land claimed in the writ of summons…… We award Gh₵5,000.00 general damages against the defendants/respondents for trespass. We order perpetual injunction restraining the defendants/ respondents, their agents, workmen, servants or assigns from entering upon the said land We award cost of Gh₵5,000.00 again...