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AGYA BOAKYE ATONSAH PREMPEH V. ERIC OFEI-KWAPONG

(2020) JELR 92045 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/02/2020  •  21 Oct 2020  •  Ghana

Coram
DOTSE, JSC (PRESIDING) , APPAU, JSC , PWAMANG, JSC , DORDZIE (MRS.), JSC , KOTEY, JSC

Appearances
YAW OPOKU-ADJAYE FOR THE PLAINTIFF/APPELLANT/APPELLANT. FRANK NARTEY FOR THE DEFENDANT/RESPONDENT/RESPONDENT.

Judgement

JUDGMENT

PWAMANG, JSC

My Lords, in this appeal the parties are disputing over the ownership of a piece of land at East Legon, Accra, with each party claiming through disputing original owner families both of which hail from Teshie. The plaintiff claims the land through Ashong Militse Family of Odaiteitsewe whereas the defendant derives his title from the  Osae Family of Otinshie. The plaintiff in addition makes a case based on possession. The trial High Court held that on the evidence, the land in dispute falls within the land of Osae Family and therefore decided in favour of the defendant. The Court of Appeal upon review of the evidence affirmed the judgment of the High Court. We are therefore here dealing with a case of concurrent findings which on the authorities we have to be slow in reversing. See Achoro v. Akanfela [1996-97] SCGLR 209, ASIBEY v. GBOMITTAH and COMMANDER OSEI [2012] 2 SCGLR 800 and ACQUIE v. TIJANI [2012] SCGLR 1252. However, the case being pressed on us by the plai…

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