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JUDGEMENT
ASIEDU, JA.
My lords, this appeal is against a judgment delivered by the Circuit Court, Kumasi on the 30th day of April 2015. The Plaintiff/Appellant (hereinafter referred to as the Appellant) had, on the 22nd day of December 2011, issued a writ of summons for herself and on behalf of her two siblings, against the Defendant/Respondent, (hereinafter referred to as the Respondent) in this matter for: (a) A declaration of title to one compound house (unnumbered) situate at Asiwa near Kokofu, Ashanti and serving as a Post Office; (b) General damages for trespass and an Order for Recovery of Possession; (c) An order for perpetual injunction to restrain the defendant, his agents, labourers and all who claim through him from in any way interfering with the Plaintiff’s title, ownership and possession of the disputed property. In the statement of defence filed by the Defendant on the 10th day of February 2012, the Defendant also counterclaimed for: (1) A declaration that all that house situate at Asiwa is his family property; (2) Perpetual injunction restraining the Plaintiff, her relatives, agents, servants from having any dealings with the said house.
After the trial, the learned Circuit Judge dismissed the Plaintiff’s claims and entered judgment for the Defendant on his counterclaim.
It is against this judgment that the Appellant filed the instant appeal on the 25th June 2015 on the grounds that:
The judgment of the court is against the weight of evidence adduced at the trial.
The learned trial judge erred when he considered the case of gift put forward by the Plaintiff/ Appellant based only on the address filed by counsel for the Plaintiff/Appellant instead of the evidence adduced at the trial by the Plaintiff/Appellant on oath and this has occasioned substantial miscarriage of justice to the Plaintiff/Appellant.
The learned trial judge erred when he held that the Plaintiff was estopped by section 10 of the Limitations Act of 1972.
The learned trial judge further erred when he failed to critically examine the evidence of the Defendant/Respondent and this has occasioned substantial miscarriage of justice to the Plaintiff/Appellant.
The learned trial judge erred when he entered judgment in favour of the Defendant/Respondent on his counterclaim when the Defendant/Respondent could not prove his counterclaim on the preponderance of probabilities.
The learned trial judge erred when he held that the Defendant/Respondent’s overt acts of possession over the dis