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ANYETEY CHANTEY V. TEI KWABLAH KWEINOR

(2018) JELR 66313 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/67/2017  •  31 May 2018  •  Ghana

Coram
KUSI-APPIAH J.A. (PRESIDING), AYEBI J.A., SOWAH J.A.

Appearances
MR. JAMES ENU FOR DEFENDANT/APPELLANT,MR. ANTWI ABANKWA FOR PLAINTIFF/RESPONDENT

Judgement

KUSI-APPIAH, J.A.

The simple issue in this appeal is the factual one of determining whether the plaintiff’s family (now Respondent) or the defendant’s family (the Appellant herein) is the rightful owner of the disputed land.

In my view, that issue was elaborately pleaded and adequately canvassed at the trial to obviate any blurring of it. I turn first to the pleadings. In paragraphs 1, 3, 4, 5, 6 and 7 of the amended statement of claim, the plaintiff alleged that the defendants were their licensees and were permitted to live on the land in dispute only as long as they continue to acknowledge the title of the plaintiff’s family.

It is the case of the plaintiff that he is presently the Head of Anyetey Kwablah family of Ningo following Anyetey Kwablah who succeeded their father Nartey Asamoah. That the disputed land was originally discovered by the plaintiff’s ancestor by name Nartey Asamoah long ago and he and his descendants have been the owners in possession of the land described in the …

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