OBOAGYAN
V.
GOMOAH

(1979) JELR 69590 (HC)    
High Court  ·  25 Oct 1979 ·  Ghana
 · 
Other Citations
[1978] GLR 664
CORAM
OSEI-HWERE J.
Core Terms Beta
court
plaintiff
defendant
inspection
case
witnesses
evidence
parties
trial
decision
judgment
procedure
court of appeal
dispute
documents of title
trial magistrate
appeal
behalf of the plaintiff
c.a. counsel
case of either party
circuit court
claim
common ground
court’s reliance
defendant’s counsel
disputed land
enjoyment of the said meadow
gist of that procedure
inspection report
issue of trespass vel
judgment of the district magistrate court grade ii
meadow
mensah
only ground of appeal
osei-hwere j.
perpetual injunction
plaintiff’s action
plaintiff’s case
plaintiff’s counsel
practice direction
property of the late atseaserew
record of the inspection
record of the visit
south side
starting point
sufficient reasons
support of the judgment
various portions of the land
west african court of appeal
writ of summons

OSEI-HWERE J.: This is an appeal against the judgment of the District Magistrate Court Grade II, Ajumako, which dismissed the plaintiff’s action and entered judgment for the defendant with ¢60 costs. The plaintiff had sued the defendant in the court below for trespass and for perpetual injunction. At the trial the plaintiff called three witnesses and the defendant two witnesses. The defendant also tendered certain documents of title to various portions of the land. After both parties had closed their case the court moved to inspect the locus. The trial magistrate dismissed the plaintiff’s case because he was satisfied “from the evidence adduced in court and the inspection at the locus in quo coupled with the contents of the documents on the land that the defendant had committed no trespass.”

The only ground of appeal filed on behalf of the plaintiff is the common ground that the judgment cannot be supported having regard to the evidence. When he came to argue this ground the plaintiff’…

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