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 …

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