[2024]DLCA17559 • April 25, 2024 • Court of Appeal
OSUMANU BONCANA vs. HASSANA MUSAH ALHASSAN
JUDGMENT Ackaah-Boafo, J.A. i. Overview: [1] My Lords, the main issue on this appeal is whether the trial Judge’s conclusion that the subject matter land belongs to Plaintiff/Respondent is anchored in the evidence and sustainable in law. The appeal arises out of an action instituted at the Circuit Court, Tarkwa for declaratory and injunctive orders, to a piece of land situate at Aboso in the Prestea-Huni Valley District of the Western Region. The trial Judge after hearing the evidence and analysing same concluded that while a superimposition of the site plans of the parties would have been helpful, the evidence showed that the subject matter land belongs to the Plaintiff/Respondent and her possession should not be disturbed. [2] Dissatisfied with the judgment dated and delivered on 17th January 2017, Osumanu Boncana, the Appellant, appeals the decision of the trial court to this Court pursuant to the rules of this Court. My Lords, as noted above, the fundamental issue in t.....