NUAMAH
V.
ADUSEI AND OTHERS

(1988) JELR 65337 (HC)

High Court · 14 Oct 1988 · Ghana
·

Other Citations

[1989-90] 2 GLR 457

CORAM

MENSAH J.

Core Terms ^Beta

plaintiff

land

trial court

evidence

defendants

second defendant witness

counsel

court

first plaintiff witness

claim of the plaintiff

boundary owner

disputed land

palm trees

valid arbitration

kofi kwakye

appellate court

second plaintiff witness

third plaintiff witness

first defendant

said land

cross-examination

matter of controversy

second defendant

totality of evidence

brother of the first defendant

plaintiff-appellant

said nwaano

second defendants

testimony of the plaintiff

trial magistrate

aforesaid arbitration

authority make payment of an arbitration fee

crucial issue

defendants-respondents

evidence of the 70-year

evidence of the second plaintiff witness

favour of the defendants

judgment of the district court grade

kofi amoah

name of the disputed land

owner of the said land

piece of land kromese

plaintiff’s ancestor kofi abrefah

recovery of fallow land

said disputed land

second witness

took place

various names

weight of evidence

wenchi stool land

MENSAH J.: This is an appeal lodged by the plaintiff-appellant against the judgment of the District Court Grade 1, Wenchi delivered on 13 September 1985. The main grounds of the appeal are that the judgment is against the weight of evidence and secondly, that the trial magistrate erred in law.

The plaintiff-appellant (hereafter called the plaintiff) at the court below, asked for declaration of title to and recovery of fallow land lying and being at a place commonly known and called Nwaano on Wenchi stool land and having boundaries with the properties of Nana Asamoah Tuakodom, Kofi Amoah (deceased) and succeeded by Danso, Opanin Attakora Kwame, Nana Kofi Nkyifie and Kojo Abrefa (deceased). The plaintiff further claimed ¢2,000 special damages representing the value of ten palm trees unlawfully felled by the defendants-respondents (hereafter called the defendants), general damages and finally perpetual injunction against the defendants as well as their agents, servants and workmen.

After h…

NUAMAH V. ADUSEI AND OTHERS

NUAMAH
V.
ADUSEI AND OTHERS