OPANIN KWAKU ASARE V. OHENEYERE ABENA AKYAA PANIN

JUDGMENT

MENSAH-HOMIAH, JA

INTRODUCTION

This appeal lies from the Judgment of the Circuit Court, Kumasi, delivered on 17 March 2023. The trial Judge upheld plaintiff’s claims for declaration of title to land, recovery of possession, damages for trespass and injunction. Questions raised by this appeal include the effect of failure of a trial court to pronounce on the counterclaim of a defendant; allocation of burden of proof of fraud in a civil suit; legal effect of an allocation paper in land transactions; reliance on documents marked as rejected and whether the planning scheme of an area is an instrument affecting land. The defendant has invoked our jurisdiction by her notice of appeal filed on 4th April 2023. Henceforth, plaintiff/respondent and defendant/appellant will simply be referred to as plaintiff and defendant, respectively, for ease of reference.

BACKGROUND FACTS

We state the facts relevant to this appeal. The plaintiff describes himself as a farmer. The defendant is also descri…