YORMEWU
V.
AWUTE AND OTHERS

(1987) JELR 63696 (CA)    
Court of Appeal  ·  15 Jan 1987 ·  Ghana
 · 
Other Citations
[1987-88] 1 GLR 516
CORAM
ABBAN JA,WUAKU JA,AMUA-SEKYI J.A.
Core Terms Beta
plaintiff
land
evidence
defendants
case
counsel
first defendant
plaintiff’s father
high court judge
evidence of the plaintiff
family property
district court
family land
high court
mr amarteifio
plaintiff’s claim
property
cross-examination of the plaintiff
learned judge
plaintiff’s case
disputed area
evidence shows
grandmother’s land
plaintiff’s weak case
present appeal
present case
acid test
alleged gift
boundary of the land
civil case
clear proof of the area of trespass
cross-examination
disputed land
first judgment
following grounds of appeal
following pronouncement
good title
judgment of the high court
learned high court judge
none of the adjoining boundary owners
part of his land
part of the land
plaintiff claims
plaintiff fails
plaintiff’s claim shows
plaintiff’s paternal grandmother
property of kuetordu tamakloe
property of zodah
question of gift
wuaku j.a.

WUAKU J.A.: Wuaku J. A. delivering the first judgment at the invitation of Abban JA. The appellant (hereinafter referred to as the plaintiff) instituted the action against the respondents (hereinafter referred to as the defendants) before the District Court, Grade II, Keta. The plaintiff’s claim was for damages for trespass against the first defendant who was later on joined by the other defendants on their own application. After the plaintiff had closed his case, the defendants who had a counterclaim abandoned it and submitted that the plaintiff had not made any case against them. Counsel for the defendants therefore called no evidence and addressed the court. After the addresses by counsel for the parties, the magistrate reviewed the evidence led by the plaintiff and in his judgment made the following pronouncement:

“If the defendants have good title then they should prove it by evidence. They have chosen to rebut the evidence of the plaintiff and his witnesses. Why have the defendan…

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