[2024]DLCA17832 • November 21, 2024 • Court of Appeal
ABBEY RAHMAN WAHAB vs. BEN TETE BAMFO.
The appellant and respondent both claimed title to a disputed parcel of land located at Kokrobite, Greater Accra Region, each alleging acquisition from the same grantors, the Nii Arde Nkpa family of Plerno and Nii Ofei II of Kokrobite. The appellant claimed acquisition in January 2003 with a lease formalized in August 2003, while the respondent claimed acquisition in February 2003. Both parties alleged peaceful possession until 2016 when the other trespassed, leading to the dispute.
read moreJUDGMENT ANTHONY OPPONG, JA This is an appeal against the judgment of the High Court, Land Division, Accra, dated 1st November, 2018. The High Court dismissed the claim of plaintiff/appellant (hereafter to be called simply as appellant) and entered judgment on the counterclaim in favor of the defendant/respondent (also to be hereafter simply called respondent). Both the appellant and the respondent sought declaration of title to a piece of land situate at Kokrobite-Accra, among other ancillary reliefs. Whilst the appellant described the land size as 0.366 acre, the respondent described the land size as 0.43 acre. Then also both of them claim to have acquired their respective interests in the disputed land from the same source or family, namely, Nii Arde Nkpa family of Plerno and Nii Ofei II of Kokrobite. The learned trial judge somewhat summed it up in her judgment at page 229 of the ROA by stating that “the facts of this case are that the plaintiff (appellant) and the def.....