MOCKPAR KOMONG
V.
DAABIL KONLAN WAUK

(2016) JELR 69635 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/7/2015 ·  29 Feb 2016 ·  Ghana
CORAM
D. ADJEI JA (PRESIDING), A. LOVELACE-JOHNSON JA, B. ACKAH-YENSU JA
Core Terms Beta
appellant
respondent
declaration of title
disputed land
identity of the land
favour of the plaintiff
supreme court
mockpar laaribilla
said land
appellant’s family
boundaries of the land
gomsuka lands
mango trees
original plaintiff
plaintiff’s case
weight of evidence
appellant’s ancestors
death of the second person
judgment of the high court
learned trial judge
notice of appeal
order of perpetual injunction
totality of the evidence
additional grounds of appeal
age-old principle of law
appellate court
civil case
decision of the trial court
defendant’s counterclaim
documentary evidence
evidence of his family
evidence of the appellant
facts of the case
first chief of gomisuka
following opinion of the trial court
further grounds of appeal
genesis of this case
instant appeal
land of mockpar laar
numerous cases
ownership of the disputed land
parcel of farm land
recovery of possession of the said farm land
rule of evidence
said farm land
said judgment
said portion of land
western side of the outskirts of nakpanduri town
wild plants

BARBARA ACKAH-YENSU, JA

The instant appeal is against the judgment of the High Court sitting at Tamale, delivered on 23rd October, 2012. Per the said judgment the Court decreed title in favour of the Plaintiff/Respondent (page 237 of ROA), as follows:

“From the totality of the evidence, I think the scale of justice tilts in favour of the plaintiff. In other words based on the proof by preponderance of the probabilities, the plaintiff’s case is more probable than that of the defendant. For this reason, judgment is hereby entered in favour of the plaintiff on all his reliefs. The defendant’s counterclaim is hereby dismissed.

I hereby decree that the defendant should forthwith vacate the said portion of land granted to the defendant by plaintiff and which the defendant appropriated at the time the plaintiff moved to Nakpunduri town. The plaintiff should recover the said farm land.

I hereby decree perpetual injunction against the defendant whether himself or his servants, agents, workmen assi…

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