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(1979) JELR 69590 (HC)

High Court  •  25 Oct 1979  •  Ghana



OSEI-HWERE J.: This is an appeal against the judgment of the District Magistrate Court Grade II, Ajumako, which dismissed the plaintiff’s action and entered judgment for the defendant with ¢60 costs. The plaintiff had sued the defendant in the court below for trespass and for perpetual injunction. At the trial the plaintiff called three witnesses and the defendant two witnesses. The defendant also tendered certain documents of title to various portions of the land. After both parties had closed their case the court moved to inspect the locus. The trial magistrate dismissed the plaintiff’s case because he was satisfied “from the evidence adduced in court and the inspection at the locus in quo coupled with the contents of the documents on the land that the defendant had committed no trespass.”

The only ground of appeal filed on behalf of the plaintiff is the common ground that the judgment cannot be supported having regard to the evidence. When he came to argue this ground the plaintiff’…

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