ADWOA SERWAAH
V.
AKOSUAH AGYEDABI AND ANOTHER

(2010) JELR 65411 (CA)

Court of Appeal · CIVIL APPEAL NO. H1/10/2009 · 29 Jan 2010 · Ghana

CORAM

MARIAMA OWUSU (MISS.) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Core Terms ^Beta

plaintiff

defendant

counsel

high court

kwabena mensah

kwaku tutu

kwame manu’s land

ama mansah

appeal

cross examination

high court judge

trial

trial court

boundary dispute

declaration of title

exclusion of all others

judgment of the trial court

weight of evidence

abore stool land

answer

appeal of the plaintiff

appellate court

boundaries of tutu

burden of prove

careful reading of the record of appeal shows

civil case

decision of the district court

defendant’s mother

defendant’s uncle

district court

documentary evidence

elderly woman

end of the trial

entire record of appeal

evidence of the plaintiff

f.g. korbieh j.a.

grounds of appeal

irene c. danquah j.a.

mariama owusu j.a.

original owners

owner of the disputed land

plaintiff’s claim

possession of a farm land

properties of the late kwame manu

q. manu

record of appeal

said land

submission

MARIAMA OWUSU J.A.:

This is a boundary dispute.

The plaintiff at the District Court, Manso Nkwanta, issued this writ of summons against the defendant for the following Reliefs;

Declaration of title, ownership and possession of a farm land situate and lying at a place commonly known and called Agyaakwaaho, on Abore Stool land and having boundaries with the properties of the late Kwame Manu,[defendant’s uncle] Kwabena Mensah and Ama Mansah [defendant’s mother] and defendant has trespasses unto during this year’s farming season.

Perpetual Injunction restraining defendant, her agents, servants and relatives from the said land.

On the 28-4-04, one Ama Mansah, applied and was joined to this suit as co-defendant.

At the trial the plaintiff testified and called two witnesses. Defendants also testified through the co-defendant and called one witness.

At the end of the trial, the plaintiff’s claim was dismissed as not proved and ¢2m cost awarded in the favor of the defendant and co-defendant.

Dissatisf…

ADWOA SERWAAH V. AKOSUAH AGYEDABI AND ANOTHER

ADWOA SERWAAH
V.
AKOSUAH AGYEDABI AND ANOTHER