THEOPHILUS TEIKO TAGOE & THE NUNGUA STOOL V. DR. PREMPEH & BENJAMIN AMARTEY MENSAH

JUDGMENT

ASIEDU JSC:-

(1). INTRODUCTION:

My lords, there are basically two major issues to be determined in this appeal and, these are: whether the land in dispute in this matter falls in the lands generally referred to as the Adjiringano lands or whether it forms part of the lands generally known as Tesa lands. The Defendants/Appellants/Appellants (hereafter referred to as the Defendants) claim that the land in dispute is part of Tesa lands whiles the Plaintiffs/Respondents/Respondents (subsequently to be known as the Plaintiffs) also claim that the disputed land is part of Adjiringano lands. The second issue is whether or not the witness for the 2nd Defendant herein had the right to testify as a witness in the matter before the trial High Court.

(2). FACTS:

The 1st Defendant, Doctor Prempeh claims that he acquired the land in 1993 or thereabout for the purpose of building a clinic known as Adehye Clinic. He was given an indenture in 1995. According to him, whiles on the land, he observed…