The Supreme Court has dismissed an appeal application brought against Topkings Enterprises Limited over a protracted land litigation by Empire Builders Limited.
According to the five panel of Justices presided over by Justice Baffoe Bonnie, the court is unable to rule in favour of the Plaintiff- Empire Builders Limited because they have failed to provide any basis in law to warrant it.
The court held that there is no basis in law to interfere with the findings of fact made by the trial court as confirmed by the Appeal Court.
The judges explained that there is no reason to disturb the order giving effect to the said findings and conclusions made by the judge of the court of appeal stressing
“…we affirm the said judgment and herby dismiss the appeal”.
The judges stated: “upon the review of the entire record of appeal and having duly considered the submission of both counsel, we are not persuaded that the findings and conclusions reached by the Court of Appeal in its judgment of 18th December 2014 warrant any interference by this court.”
The panel of Justices further added: “On the contrary, we are in agreement with findings, reasons and conclusions arrived at by the Court of Appeal.”
“We are of the view that both Lower Courts correctly applied the principles of evaluating the evidence and attached the correct probative value to the evidence in relation to the party who carried the statory burden of proof.”
On 24 February 1999, Lawyers of Empire Builders Limited dragged Topkings to court over a declaration of title of a parcel of land situated at Adjirigano-North in Accra.
The plaintiff had among other things urged the court to charge the defendant damages for trespassing and place a perpetual injunction on the defendant, its assigns, privies or workmen from interfering with the quiet enjoyment of the land.
Lawyers of Topkings Enterprises Limited in their case denied that the land in dispute belongs to any family from Teshie, claiming that the land rather belongs to the Nungua Stool and stated that it had been in possession of the land since 1994.
The lawyers further indicated that when Empire Builders attempted to encroach on the said land, the youth of Nungua resisted whereupon the plaintiff approached the Nungua Stool to regularize its occupation of the land but the Stool said it had already divested its interest to Topkings.
The defendant among other things stated that it acquired a total of 62 acres in two lots of 40 acres and 22 acres and registered same, thus completely parrying off claims of encroachment by the plaintiff.
The court, however in its judgment upheld the case of Topkings, dismissing the plaintiffs claim for an order for possession of the land as well as the reliefs for damages for trespassing and perpetual injunction.
Incensed by the decision of the High Court, lawyers of Empire Builders strutted to the Appeal Court urging it to set aside the judgment of the High Court.
As fate will have it, the Appellate Court also upheld the decision of the trial court.Empire Builders had hinged it appeal on some 11-point ground of appeal accusing the trial court among others of delivering the judgment in favour of the defendant against the weight of evidence and that the judge again erred by not holding the defendants claim that the disputed land belongs to Nungua was statute-barred by virtue of Section 10 of the Limitation Act.
The Supreme Court, ruling against Empire Builders filed for an Appeal at the Supreme Court which also upheld the reason, conclusion and findings of the Court.
Source: MyPublisher24.com/Kofi Yirenkyi
