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KWABENA V. ATUAHENE

(1980) JELR 67989 (SC)

Supreme Court  •  28 Feb 1980  •  Ghana

Coram
APALOO C.J.,ARCHER JA,ANIN J.A.

Judgement

ARCHER J.A.: In this case, the plaintiff claimed against the defendant, a declaration of title to one cocoa and foodstuff farm situated at Bronkrome on Tepa stool land, damages for trespass, recovery of possession and perpetual injunction. The circuit court sitting at Kumasi gave judgment for the plaintiff and granted the reliefs sought.

The defendant has appealed from that judgment to this court and the only ground of appeal filed by him was, “that the judgment of the learned circuit judge is against the weight of evidence.” In arguing this sole ground, learned counsel for the defendant concentrated mainly on the identity of the land and submitted that the plaintiff failed to establish the identity of the land in dispute and as such he was not entitled to a declaration. In support of this argument, learned counsel drew attention to the description of the land and the names of the boundary owners in the indorsement on the original writ of summons and submitted that the particulars indo…

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