OSEI YEBOAH V. OSEI KARIKARI

JUDGEMENT

OWUSU JSC:-

On 26th November, 2018, the Court of Appeal, Koforidua allowed the appeal of the Plaintiff/Appellant/Respondent. In its judgment the Court of Appeal held among other things as follows:

“Having found that the trial judge erred in entering judgment for the defendants/respondents, we agree with the fifth ground of appeal that the judgment is against the weight of evidence led at the trial. We reverse the conclusions of the trial judge and rescind her order that the defendants/respondents recover the compensation paid to the plaintiff/appellant with interest.

Appeal succeeds.

We order a declaration of title against the defendants/ respondents for the land claimed in the writ of summons……

We award Gh₵5,000.00 general damages against the defendants/respondents for trespass.

We order perpetual injunction restraining the defendants/ respondents, their agents, workmen, servants or assigns from entering upon the said land

We award cost of Gh₵5,000.00 against the defendants/ respon…