OSEI YEBOAH v OSEI KARIKARI

OWUSU JSC:-

On 26th November, 2018, the Court of Appeal, Koforidua allowed the appeal of the Plaintiff/Appellant/Respondent. In its judgment the Court of Appeal held among other things as follows:

“Having found that the trial judge erred in entering judgment for the defendants/respondents, we agree with the fifth ground of appeal that the judgment is against the weight of evidence led at the trial. We reverse the

conclusions of the trial judge and rescind her order that the defendants/respondents recover the compensation paid to the plaintiff/appellant with interest.

Appeal succeeds.

We order a declaration of title against the defendants/ respondents for the land claimed in the writ of summons……

We award Gh₵5,000.00 general damages against the defendants/respondents for trespass.

We order perpetual injunction restraining the defendants/ respondents, their agents, workmen, servants or assigns from entering upon the said land

We award cost of Gh₵5,000.00 against the defendants/ respondents in favour of the plaintiff/appellant.”

Dissatisfied with the decision of the Court of Appeal, the Defendant/Respondent Appellant appealed to the Supreme Court on the sole ground that:

a. The Judgment is against the weight of evidence, with a rider that: b. Other grounds of appeal will be filed on receipt of the full Proceedings from the Court.

It is noted for the record that no additional ground of appeal was filed.

Also, in this appeal the designations of the parties at the trial court would be maintained. Accordingly, the Plaintiff/Appellant/ Respondent would be referred to simply as Plaintiff and the 1st and 2nd Defendants as 1st and 2nd Defendants. Whilst the 3rd Defendant/Respondent/Appellant would be referred to as 3rd Defendant.

Before dealing with the arguments advanced in support and against this appeal, we would give a brief background of the case.

By his writ of summons, the Plaintiff claimed against the Defendants in this case at the High Court, Koforidua the following reliefs:

a. An Order for declaration of title to the parcel of land situate lying and being at Kwayemu in the New Juaben Municipal Area bounded as follows: (i) On one side by the property of Kwabena Amoah

(ii) On one side by the property of Boateng

(iii) On one side by the property of Akua Antwua.

(iv) On one side by the property of Adwoa Twei

(v) On one side by the property of Kwabena Broja.

b. Recovery of possession of the said land.

c. Damages for Trespass.

d. An Order of