JOSEPH YAO ZIWU (SUBSITUTED BY GODWIN ZIWU & WISDOM ZIWU) & LANDS COMMISSION, HO V. MAWUTOR KUDZORDZI (DECEASED) &FRANK KUDZORDZI (SUING FOR AND ON BEHALF OF THE CHILDREN OF FRANZ KOKU KUDZORDZI [DECEASED])

JUDGEMENT

OWUSU (MS.) JSC:-

On 28th February, 2018, the Court of Appeal sitting at Ho, dismissed the appeal of the 1st Defendant/Appellant/Appellant and affirmed the Judgment of the trial High Court.

Dissatisfied with the decision of the Court of Appeal, the Defendant mounted the appeal before the Supreme Court on the following grounds:

a) That the Court of Appeal woefully failed to adequately consider the case of the 1st Defendant/Appellant /Appellant thereby occasioning substantial miscarriage of justice.

b) That the judgment is against the weight of evidence.

c) That the Court of Appeal erred in failing to hold that 2nd Plaintiff/Respondent/Respondent is guilty of estoppel by laches and acquiescence.

d) That the Court of Appeal erred in failing to hold that 2nd Plaintiff/Respondent/Respondent is guilty of unjust enrichment.

e) That the Court of Appeal erred in holding that 2nd Plaintiff/Respondent/Respondent is entitled to the recovery of possession of the disputed land with all the develo…