JUDGMENT
JANAPARE A. BARTELS-KODWO (MRS.) J.A.
BACKGROUND TO THE APPEAL
This is an appeal by the Plaintiff/Appellant against the judgment of the Circuit Court Judge, Kpando dated the 21st day of January, 2019 in favour of the Defendant/Respondent herein. In this appeal the parties will be referred to simply as Appellant and Respondent.
BACKGROUND FACTS
On 19th of January, 2017, the Appellant commenced an action against the Respondent for an order of the Court restraining the Respondent from further trespassing into the developed and settled on land by the Appellant. It is the Appellant’s claim that the parties are members of two families i.e. the Appellant belongs to the Dente family of Aveme Dzeme where he is resident and the Respondent to the Srem family of Aveme Danyiigba.
Following a protracted land litigation by the parties, it was decided that both families have equal rights to the land so they reached for a peaceful settlement and same was reduced into a mediation report and signed…