SARPONG Ag. J.: The plaintiff sued the defendant at the Wenchi District Court, Grade 1, for a declaration of title and recovery of possession of land described in the writ and also an order for injunction. Judgment that the defendant appeals.
Learned counsel for the defendant (hereinafter called the appellant) submits that the magistrate did not find whether the plaintiff (hereinafter called the respondent) has proved his case. He set out to do what he was not called upon to do. Learned counsel for the respondent concedes to this. The respondent says in respect of this land, the subject-matter for declaration of title before the district court, that the appellant put him before the Techiman Traditional Council. An arbitration was held at which he gave evidence, likewise his witnesses and also did the appellant. The arbitrators gave judgment against him. And being aggrieved he issued the writ at the Wenchi District Grade 1, claiming the reliefs indorsed on his writ.
The appellant’s couns…