FOFIE AND ANOTHER
V.
WUSU

(1993) JELR 69452 (CA)

Court of Appeal · 27 May 1993 · Ghana

CORAM

LAMPTEY JA, ADJABENG JA, BROBBEY JA

Core Terms ^Beta

plaintiff

evidence

defendant

damages

trial judge

valid customary arbitration

learned trial judge

appeal

funeral expenses

ground of appeal

pecuniary loss

appellate court

blake v midland rly

boundary owners

high court

instant case

barnett v cohen

district commissioner

trial court

adai v anane

award of the arbitrators

boundaries of the farm

brother of the plaintiff

case of budu ii v caesar

case of kwaw v awortwi

case of mante v botwe

case of the defendant

cases of budu ii v caesar

civil liability act

classic case

common-sense

considerable force

credible evidence

death of the pupil

detailed information

end of a protracted hearing

evidence of the parties

extent of services

fatal accidents

father of the defendant

judgment of anterkyi j

loss of dependency

number of grounds of appeal

old pupil of a middle school

parents of a 13-year

personal representative

separate farm lands

sub-section

sunyani stool land

voluntary submission of the dispute

LAMPTEY JA. This appeal is from the judgment of Anterkyi J sitting at the High Court, Sunyani, dated 27 November 1979. Before the High Court, Afua Fofie (hereinafter referred to as “the plaintiff”) took action against her nephew, Kofi Wusu (hereinafter referred to as “the defendant”) and sought a declaration of title to two separate farm lands at Asennua on Sunyani stool land. Additionally, she sought the usual ancillary reliefs namely, (a) recovery of possession, (b) damages for trespass and (c) an order of perpetual injunction.

In due course, Yaw Donkor, a brother of the plaintiff, (hereinafter referred to as “the co-plaintiff”) was joined as co-plaintiff.

I must mention in passing that the co-plaintiff is the father of the defendant.

The defendant resisted the claims by the plaintiff and co-plaintiff. The defendant did not counterclaim for any reliefs. At the end of a protracted hearing, judgment was entered for the plaintiff against the defendant.

The co-plaintiff died before hearing …

FOFIE AND ANOTHER V. WUSU

FOFIE AND ANOTHER
V.
WUSU