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…