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JUDGMENT
APALOO, JA - This appeal emanates from the judgment of the High Court Ho, dated 15th November 1996. The Court was presided by his Lordship G. K. Acquah then a Supreme Court Judge sitting as additional High Court Judge.
The trial judge entered judgment for the Plaintiff against the 1st Defendant for a declaration that the Plaintiff is the owner of the Bokor land.
While dismissing 1st Defendant’s counter-claim the trial Judge refused Plaintiff’s reliefs for damages and perpetual injunction against the 1st Defendant.
The Plaintiff had sought by his writ the following reliefs.
a) A declaration that the Defendant was a mere tenant or alternatively a licensee of the Plaintiff in respect of the land in dispute.
b) Damages for trespass.
c) Perpetual injunction restraining the Defendant’s Afloto family, their servants, agents etc.
from further felling the Bokor family’s oil palms or making any fresh cultivation of the said parcel of land without the consent in writing of the Plaintiff.
By his defence the 1st Defendant stated among others that the land the subject matter of the claim devolved on the Mankralo or chief but subject to user by both Plaintiff and Defendant’s families respectively.
1st Defendant added that the palm trees felled by him were his bona fide property.
The 2nd Defendant who joined the suit as Co-defendant by a statement of defence averred particularly by his paragraphs 3, 4 and 5 as follows: -(3) The Co-defendant says that the land in dispute, which is known as Dzawor land was founded by his great ancestor by the name Tsrienye.
- The Co-defendant says that the Dzawoe land is bounded as follows: On one side by the Gevier tribal land.
On one side by the Plaintiff, on one side by the Defendant and on one side by the property of the Co-defendant.
- The Co-defendant says that both he and his predecessors have been in undisputed possession of the said Dzawoe land and have exercised and continue to exercise overt acts of ownership over same without let or hindrance.
Two appeals were filed for determination.
The first by 2nd Defendant/Appellant and the second by the Plaintiff/Appellant.
The first appeal attacked the judgment affecting the 2nd Defendant and his claims to the Dzawoe land.
His grounds were that the judgment was against the weight of evidence and that the trial judge failed to correctly define the boundaries established between the Plaintiff’s Bokor land and the 2nd Defendant’s Dzawoe land as clearly set out in the case.