KWOFIE V. KAKRABA

ARCHER J.: The plaintiff sued the defendant per her representative (in fact her husband) claiming the sum of £G50 general damages for trespass and £G10 special damages for removing the plaintiff’s four cement pillars on the plaintiff’s land at Akotobinsin. Judgment was entered for the plaintiff.

The defendant has appealed to this court and has argued that the representative of the plaintiff did not give evidence as a representative but testified as if he was the claimant. Counsel relied on the case of Osei v. Asiedu-Offei1 where the appellate court expressed the view that it was not in order when a representative proceeded to give evidence as though he were the plaintiff.

Dr. de Graft-Johnson for the plaintiff has agreed that the record of appeal does not show that the representative gave evidence as a representative. This is evident from the testimony of the representative who throughout gave the impression that he was claiming damages for land of which he was the owner.

I think the fir…