ABENA DONKOR V. KHAFFUI ESSE

JUDGMENT

MARIAMA OWUSU, JSC:

On 26/4/2018, the Circuit Court, Bekwai, dismissed plaintiff’s claim and awarded cost of Gh¢6,000.00 to the defendant against plaintiff.

In his judgment, the trial court concluded that:

“On the totality of the evidence before me, I find that the plaintiff lacks capacity to institute and maintain this action as the land in dispute was the personal property of the late Kofi Krah.  I also find on the balance of probabilities that the land in dispute has over time been in the defendant’s possession as beneficial owner.  The plaintiff consequently fails on all her reliefs claimed.”

Dissatisfied with the decision of the trial court, the plaintiff appeal to the Court of Appeal on the following grounds:

1. The judgment of the honourable trial court is against the weight of evidence on record.

2. The honourable trial court erred when it placed the burden of proof of the defendant/respondent’s purported purchase of the subject land on the plaintiff/appellant contrary to clear ma…