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 7th 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…

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