KOFI ADU BOAHENE
V.
EMMANUEL TEI KWADWO NARH

(2018) JELR 65743 (CA)

Court of Appeal · CIVIL APPEAL NO: H1/63/17 · 19 Apr 2018 · Ghana

CORAM

MARIAMA OWUSU (MRS.) JA (PRESIDING), E. K. AYEBI JA, CECILIA HANZY SOWAH JA

Core Terms ^Beta

plaintiff

defendant

appellant

land

appeal

respondent

record of appeal

trial court

ground of appeal

statement of claim

notice of appeal

disputed land

exhibit b

appellate court

findings of facts

circumstantial evidence

claim of the plaintiff

cross-examination

grounds

hawa botchway

light of the evidence

vrs field

additional grounds of appeal

circuit court

cogent evidence

compilation of the record of appeal

complaint of the appellant

court of appeal rules

direct evidence

district court

evidence of the parties

grounds of appeal

issues of facts

judgment of the circuit court

judgment of the trial circuit court judge

learned circuit judge

merits of these grounds of appeal

number of exhibits

onus of proof lay

own views of the evidence

parcel of land

parties’ common vendor

plaintiff’s vendor

registrar of the trial court

said piece of land

settlement of record of appeal

way of statute law

written submission

written submission counsel

JUDGMENT

AYEBI, JA

1. This appeal is against the judgment of the Circuit Court, Amasaman dated 7^th October 2016. The appellant is the plaintiff at the trial court. In his amended writ of summons, he claimed against the defendant/respondent:

(a) Declaration of title to the land described in paragraph 3 of the statement of claim.

(b) Perpetual injunction restraining defendant whether by himself or his agents, assigns, privies or anyone claiming through him from ever laying claim to the land and from further entering the land.

(c) Damages for trespass and cost.

2. In paragraph 3 of the statement of claim, the land is described as “ALL THAT PIECE OR PARCEL OF LAND situate, lying and being at MEDIE near in Ga West Municipal of the Greater Accra Region aforesaid and containing an approximate Area of 0.18 acre or 0.07 Hectare more or less on the North East by Lessor’s land measuring 98.4 feet more or less, on the South West by Accra-Nsawam road measuring 98.4 feet more or less, on the South East b…

KOFI ADU BOAHENE V. EMMANUEL TEI KWADWO NARH

KOFI ADU BOAHENE
V.
EMMANUEL TEI KWADWO NARH