G. T. ECOLOGICAL FARMS, ACTING v. GAMA OF TERPORSI & ORS

J U D G M E N T:

L. L. MENSAH, J.A.

This is an appeal by the Plaintiff/Appellant who will hereinafter be referred to as the Plaintiff against the judgment of the Circuit Court, Odumase-Krobo dated the 12th day of December 2013 in favour of the Defendants/Respondents who will hereinafter be referred to as Defendants.

On the 3rd of September, 2001, the Plaintiff issued a Writ of Summons and a Statement of Claim against the Defendants with the following reliefs:-

(a) Declaration of Title and Recovery of possession to a parcel of land situate at a place commonly called Brigade near Somanya and bounded as follows: On North by Nohipemi’s land measuring on that side a distance of 1,200 feet more or less, Langma’s land measuring 1708 feet, Dikatey’s land measuring 1477 feet, Kwadwo Okumi’s land measuring 3195 feet, on the East by Kwadwo Okumi’s land measuring 1803 feet; on the South by Brigade’s land measuring 5929 feet more or less and on the West by Kwade’s land measuring 1757 and Nuer Ologo’s land measuring 737 feet.

(b) General Damages for trespass.

(c) Perpetual injunction to restrain the Defendants, their agents, workmen, servants and all persons claiming any interest in the disputed land through them from interfering upon the land described in paragraph 1 (supra).

Upon service of the writ on the Defendants, they denied the claim of the Plaintiff and in their statement of defence counterclaimed as follows:-

1. 1st and 3rd Defendants claim for and on behalf of their respective families a declaration of the title to their respective lands described in their Statement of Defence and 2nd Defendant claims for a Declaration of title of her land described in the Statement of Defence.

2. 1st and 2nd Defendants claim for the payment of ₵1,200,000 (GH₵120.00) and ₵500,000 (GH₵500 (sic) being the value of maize seized respectively.

3. General Damages for trespass.

4. Perpetual injunction against the Plaintiff, his successors, assigns or servants from interfering in the Defendants’ possession of their respective lands described in their statement of defence.

After a full-length trial, the learned trial judge dismissed the case of the Plaintiff and entered judgment for Defendants in their counterclaim with general damages and costs in favour of each Defendant.

It is against this judgment that the Plaintiff launched this appeal.

THE GROUNDS OF APPEAL

The grounds of appeal filed by the Plaintiff are:

1. That the judgment is against the weight of eviden