ADONGO ALOGTE V. PETER AKOLGO AKUNLIBE AND STEPHEN AGEYIRIBA AGANA

JUDGMENT

LOVELACE-JOHNSON JSC:

On 16th December 2020 the High Court sitting at Bolgatanga gave judgment for the plaintiff in this matter and dismissed the counterclaims of both defendants as lacking merit.

Being dissatisfied, the defendants launched an appeal to the court of appeal which reversed the judgment of the high court and entered judgment for them.

The plaintiff being dissatisfied with this reversal, has launched the present appeal on the following grounds:

(i) The judgment of the Court of Appeal is against the weight of the evidence

(ii) The Court of Appeal erred when it held that there was a valid customary arbitration over the ownership of the disputed land, which award bound the Plaintiff/ Respondent/Appellant

Particulars of error

The meeting held on 10th September, 2016 between 1st Defendant/Appellant/Respondent and Abeebange (deceased) before the Tindana Ayeta did not meet the pre-requisites of a valid customary arbitration against Plaintiff/Respondent/Appellant, to wit, volun…