MARIAMA OWUSU, J.A.: On 15th December, 2016, the High Court, Kumasi gave judgment for the plaintiffs against the defendant. In his judgment the trial court Judge held among other things as follows:
“In conclusion, the plaintiffs have satisfied me on the balance of probabilities and I do hereby enter judgment for the plaintiffs and grant all the declaratory reliefs sought by them as per the endorsement on the writ of summons.
I award costs of Gh¢6,000.00 against the defendant.”
Dissatisfied with the decision of the High Court, the defendant appealed to the Court of Appeal on the following grounds:
a. That the judgment was against the weight of the evidence.
b. The trial court Judge erred when he held that the plaintiffs have led sufficient evidence in proof of their case when indeed they failed to satisfy the burden of proof required of them as plaintiffs.
c. The trial court Judge erred and mixed up the identity of the plot in dispute when he held that Plot 7 Block D, Atonsu Agogo and Plot …