Odonkor Vrs Akussi and Another [2007] GHACA 8 (13 December 2007)

Odonkor Vrs Akussi and Another [2007] GHACA 8 (13 December 2007)

The Nungua Stool, as allodial owners, had the authority to demarcate and allocate the disputed land. The 1st Appellant, being only a caretaker, had no title to convey. The evidence supports the trial court's findings and judgment in favour of the Respondent.

Citation
[2007] GHACA 8
Parties
Plaintiff/respondent: Augustina Odonkor; 1st Defendant/appellant: Nii Akussi Assinu II; 2nd Defendant/appellant: Emelia Aku Tetteh (2nd Defendant)
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
13 December 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Title to Land, Injunctions, Possession, Appeals
Source Language
English
Land Law Title to Land Injunctions Possession Appeals

Case Brief

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Parties

Augustina Odonkor

Plaintiff/respondent

Nii Akussi Assinu II

1st Defendant/appellant

Emelia Aku Tetteh (2nd Defendant)

2nd Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in granting title and possession to the Plaintiff/Respondent
  2. 2 Whether the trial court failed to consider the 2nd Appellant's defence independently
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The Nungua Stool, as allodial owners, had the authority to demarcate and allocate the disputed land. The 1st Appellant, being only a caretaker, had no title to convey. The evidence supports the trial court's findings and judgment in favour of the Respondent.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the trial court affirmed
  • Costs and further orders as per trial court