ADIKA AND OTHERS
V.
DOE

(1961) JELR 63942 (HC)    
High Court  ·  30 Oct 1961 ·  Ghana
 · 
Other Citations
[1961] GLR 627
[1961] 2 GLR 627 - 629
CORAM
PREMPEH J
Core Terms Beta
claim
court
appeal
case
damages
respondents
paragraph
trial court
evidence
judgment
jurisdiction
particulars of claim
plaintiff
defendant
fact
land
tort
view
account of the fact
appellants costs
boundary of land of forest
burden
chance
circumstances
claims
close of the case
counsel
defendant-appellant
disputed land
g600 damages
grounds
interesting point
interest of justice
lordships
native appeal court
native court
native trial court
native trial court’s jurisdiction
non award
paragraphs
plaintiffs’ claims
plaintiffs-respondents
respondents’ first claim
second remedy
submission of the appellant
sum
title
trial court’s judgment
whole judgment

JUDGMENT

PREMPEH J.

In this appeal, it is clear that the plaintiffs-respondents utterly failed to prove their title to the land which they claimed in paragraph 1 of their writ of summons. Quite apart from this fact, the native trial court erroneously shifted the burden of proof to title to the disputed land on the defendant-appellant. At the close of the case, the appellant submitted that the respondents had failed to establish their claim, and that they had therefore made no case against him to answer, but the court proceeded to enter judgment for the respondents, granting them title to the land. On the evidence as to the respondents’ first claim it is my view that the trial court erred in ruling out the submission of the appellant, and that it further erred in giving judgment for the respondents as it did.

In this court, counsel for the respondents did not seek to support the trial court’s judgment in any way. He in fact urged that the whole judgment should be set aside, not on the gro…

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