RAHINATU MOHAMMED vs. AKATARI AZINGYA & AYUKA AZINGYA

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: This is an appeal against the Judgment of the High Court, Bolgatanga, delivered on 14th December 2018, dismissing the Plaintiff’s action and defendants’ counterclaim for want of capacity, at the end of a full trial. The plaintiff/appellant (referred to hereafter as plaintiff), prays this Court to reverse the judgment of the trial Court, and enter Judgment in her favour against defendants/respondents (referred to hereafter as defendants). BACKGROUND FACTS We set out the relevant matters which have given rise to the instant appeal. The plaintiff commenced an action against defendants on 15th July 2013 claiming, inter alia, a declaration that plaintiff is the bona fide owner of the disputed land and perpetual injunction to restrain defendants from the said land. Per the pleadings, plaintiff traced her root of title to a 99-year lease granted to her by the Lands Commission, acting for and on behalf of the Government of Ghana, in 19...