(1988) JELR 65337 (HC)    
High Court  ·  14 Oct 1988 ·  Ghana
Other Citations
[1989-90] 2 GLR 457
Core Terms Beta
trial court
second defendant witness
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
matter of controversy
second defendant
totality of evidence
brother of the first defendant
said nwaano
second defendants
testimony of the plaintiff
trial magistrate
aforesaid arbitration
authority make payment of an arbitration fee
crucial issue
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…

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