AGYEMANG (MRS.), JA:
In this appeal against the judgment of the High Court, Koforidua the appellant’s main complaint, set out as the sole ground of appeal, is that the judgment is against the weight of the evidence led.
These are the matters that have given rise to the instant appeal.
The original plaintiff (now deceased and substituted in this appeal as the appellant), commenced an action against the defendant herein (also deceased and substituted in this appeal as the respondent), and one other (deceased and not involved in the instant appeal), seeking inter alia, a declaration of title to a parcel of land, the sum of Ȼ1,400,000 being special damages for twenty palm trees felled by the second defendant, and a perpetual injunction restraining the defendants and their privies from in any manner, trespassing onto the plaintiff’s land.
It was the plaintiff’s case in pleading, that the land in dispute described as: lying at Densu Sector 11, Block K Koforidua, and bounded on all sides…