SAMUEL YAW MENSAH V. KWADWO DONKOR & AFIA MENKA

JUDGMENT

SOWAH, J.A.:

This appeal is by the defendants from the judgment of the Circuit Court, Akim Swedru dated 18th January 2021.

The Notice of Appeal filed on 4th March 2021 has only one ground of appeal; namely that the judgment of the trial court is against the weight of evidence adduced at the trial. No further grounds were filed as had been indicated in the Notice of Appeal.

The parties in this appeal will be referred to by their designations at the trial court.

Plaintiff’s case

The plaintiff had sued as owner for a Declaration of title, recovery of possession and perpetual injunction in respect of a parcel of land duly described in his writ of summons. His case was that his grandfather had granted a portion of the disputed land to Mintaah, the grandmother of the defendants. He thus shared a boundary with the defendant's. The defendants had however taken advantage of that and had encroached onto his land, claiming the whole land, hence the suit. 

Two witnesses testified for the plaint…