WUAKU JA
The appellant (hereinafter referred to as the plaintiff) instituted the action against the respondents (hereinafter referred to as the defendants) before the District Court, Grade II, Keta. The plaintiff’s claim was for damages for trespass against the first defendant who was later on joined by the other defendants on their own application. After the plaintiff had closed his case, the defendants who had a counterclaim abandoned it and submitted that the plaintiff had not made any case against them. Counsel for the defendants therefore called no evidence and addressed the court. After the addresses by counsel for the parties, the magistrate reviewed the evidence led by the plaintiff and in his judgment made the following pronouncement:
“If the defendants have good title then they should prove it by evidence. They have chosen to rebut the evidence of the plaintiff and his witnesses. Why have the defendants abandoned their counterclaim? They have accepted the evidence of the plain…