Try asking the following...
JUDGMENT
J U D G M E N T
MARIAMA OWUSU, J.A.
On 20-9-2005, the Circuit court, Accra gave judgment for the Plaintiff. The court held amongst other things as follows:
“I declare that Plaintiff has title to the land in dispute.
I order the Plaintiff to recover possession of the land in
dispute as described in paragraph 4 of the Statement of
Claim and containing an approximate area of 0.46 acres.
The land is inclusive of the land now occupied by the
1st Co-Defendant.
I order the Plaintiff to recover possession of the land in
dispute and adjudged to belong to him.
I order that the Defendant, the 1st Co-Defendant and
2nd Co-Defendant, their agents, servants and assigns be
and are hereby restrained perpetually from interfering
or intermeddling in any way with the Plaintiff quiet
enjoyment of the land.
Cost of ¢5m (5 million) against Defendant. ¢5m
(five million) each against each of the Co-Defendants”.
Dissatisfied with the decision of the court, the Defendants appealed to this court.
The Grounds of Appeal for Defendant are:
a. The decision is against the weight of evidence on record.
b. That the trial judge failed to direct itself in applying an interlocutory ruling as a judgment.
c. That the trial court relied on forged documents of the Plaintiff which is also not registered to deliver judgment in favour of Plaintiff.
d. The trial Judge failed to consider the defence of the Defendant and to recognize his prior possession.
e. That the trial Judge failed to address issue as to whether land was at Sowutuom or Kwashieman.
f. That additional grounds will be filed upon receipt of the record of proceedings.
Relief Sought:
To reverse the decision of the trial Judge and enter judgment for Defendant.
For the Co-Defendants the following Grounds of Appeal were filed on their behalf:
1. The judgment is wrong in law.
2. The judgment is against the weight of evidence.
3. Further grounds of appeal to be filed when the record of proceedings is ready.
Before dealing with the arguments canvassed in support or against the appeal, I would like to give a brief background of the case.
The Plaintiff at the court below issued a writ of summons against the Defendant claiming the following reliefs:
1. Declaration of title to all that piece or parcel of land described in the Statement of Claim and delineated on the plan annexed.
2. Damages for trespass to the land.
3. Recovery of possession.
4. Perpetual Injunction restraining the Defendant whether by hi