NUAMAH V. ADUSEI AND OTHERS

MENSAH J.: This is an appeal lodged by the plaintiff-appellant against the judgment of the District Court Grade 1, Wenchi delivered on 13 September 1985. The main grounds of the appeal are that the judgment is against the weight of evidence and secondly, that the trial magistrate erred in law.

The plaintiff-appellant (hereafter called the plaintiff) at the court below, asked for declaration of title to and recovery of fallow land lying and being at a place commonly known and called Nwaano on Wenchi stool land and having boundaries with the properties of Nana Asamoah Tuakodom, Kofi Amoah (deceased) and succeeded by Danso, Opanin Attakora Kwame, Nana Kofi Nkyifie and Kojo Abrefa (deceased). The plaintiff further claimed ¢2,000 special damages representing the value of ten palm trees unlawfully felled by the defendants-respondents (hereafter called the defendants), general damages and finally perpetual injunction against the defendants as well as their agents, servants and workmen.

After h…