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(1986) JELR 64904 (HC)

High Court  •  9 Dec 1986  •  Ghana



AMUAH J.: This is an appeal against an order of a learned district magistrate granting an application by the defendant-respondent (hereafter referred to as the defendant) praying the court to visit the locus in quo. The parties had given evidence and closed their case, and it was then up to the district magistrate to take down the addresses and deliver his judgment.

At the hearing of the motion, learned counsel for the plaintiff-appellant (hereafter referred to as the plaintiff), Mr A.B Sam, submitted that the identity of the land and its physical features are not in dispute and that the learned district magistrate erred in granting the order: see the case of Asare v. Donkor and Serwah II [1962] 2 G.L.R. 176, S.C. He further submitted that in paragraph (5) of the statement of claim there was a description of the boundaries of the land and this was admitted by paragraph (4) of the statement of defence. He urged the court to set aside the ruling for judgment to be delivered.

Mr Donkor in …

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