IBRAHIM ISSAH V. BILLY ANANFUL YAW SASU PER HIS LAWFUL ATTORNEY ALEXANDER EYESON

MARIAMA OWUSU, J.A.: On 30-11-2007, the Circuit Court, Accra gave judgment for the Plaintiff against the defendant and co-defendant. The court held among other things as follows:

“Once the co-defendant has counterclaim for a declaration of title to the land in dispute, he was duty bound to lead evidence to establish his title to the said land and to failure to call his grantors to testify in the circumstances of this case, is very fatal to his case. Thus, the claim of the co-defendant stands without any proof. On the contrary, the plaintiff and his witness have satisfied me by their evidence to the court that the land subject matter of dispute is the property of the Ayawaso Stool and that it was validly granted the plaintiff herein. Accordingly, I declare that the land in dispute which is vividly discounted in the endorsement on the plaintiff’s Writ of Summons is the property of the plaintiff herein.

The co-defendant’s counterclaim is therefore dismissed.

There is evidence on record to t…