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…

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