DEESA PENROSE V. NII NUERTEY AKPO ‘1’

JUDGMENT

KANYOKE, J.A.: On the 18^th day of October 2010, the High Court, Accra, after trial, dismissed the plaintiff/appellant’s action against the defendant/respondent for inter alia, a declaration of title to a large piece or tract of land situate, and lying at Aburi-Adomorobe along the Accra-Aburi road in the Eastern Region of Ghana. Feeling dissatisfied with the judgment the plaintiff/appellant (hereinafter referred to as the plaintiff) has appealed to us to set aside the judgment and “give direction on the area/portion of the land the plaintiff gave defendant”. See page 218 of the Record of Appeal (ROA). The grounds of appeal canvassed by counsel for the plaintiff in his written submissions filed on 20-3-2012 are as follows:

“1 The ruling is against the weight of evidence.

2 The trial judge misapplied the law against the available evidence.

3 The trial judge misapplied the law/rule on estoppels.”

Before proceeding to deal with the appeal on these grounds, it is important to give the …