JUDGMENT
1] This is a dispute over a piece of land located at Weija in Accra. Both parties rely on documentary evidence and acts of possession in proof of their respective claims.
2] It is a basic principle of land litigation that in an action for declaration of title to land, recovery of possession and injunction, as in the instant case, the plaintiff must establish by positive evidence, the identity and limits of the land he claims. See cases such as Anane v Donkor [1965] GLR 188, Nortey (No.2) v West African Institute of Journalism [2013- 2014] SCGLR 703 and Agyei Osae and Ors v Adjeifio and Ors [2007- 2008] SCGLR 499.
3] In the instant case, the defendant filed a counterclaim and therefore the defendant also had a duty to adduce positive evidence to establish the identity and limits of the land it claimed. See: Jass Co. Ltd v Appau [2009] SCGLR 269 and Aryeh Akakpo v Ayaa Iddrisu (2010) SCGLR 891.
4] Generally, the standard of proof in civil cases is proof on a balance of probabilitie…