FRED ROBERT COLEMAN V. JOE TRIPOLLEN, MR. BOATENG, MR. DANSO, MR. EBENEZER AND MR. ODONKOR

JUDGMENT

MARIAMA OWUSU, J.A:

This is an appeal which turns principally on the assessment of the weight of the evidence adduced at the trial High Court and the point of law that, the trial Judge awarded the defendants, a relief not sought by them. The plaintiff’s action was dismissed by the trial court. He is before us for redress.

The facts of the case:

The plaintiff by his writ of summons claims the following reliefs against the defendants:

1. Declaration o f title to all that large tract of land situate and being at Ankwa Dobro near Nsawam in the Eastern Region and known as the property of Madam Agoe bounded on the North by Quarcoopome’s land, on the South by Baddoo’s land on the East by a road to Nsawam, on the West by the Anfran stream measuring 2300 feet on the North, 3250 feet on the South, 135 feet on the East and 1150 feet on the West respectively.

2. Recovery of possession from the defendants’ plaintiff’s land.

3. General and Special Damages.

4. Perpetual Injunction restraining defen…