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JUDGMENT
JUDGMENT
By a writ of summons dated 24/02/2022, the Plaintiff sought the following reliefs against
the Defendant:
A. “Recovery and possession of Plot No. 218 Block D Sector 1
B. Perpetual injunction restraining the defendant her assigns workmen, next of kin
etc. from interfering with disputed plot
THE CLAIM OF THE PLAINTIFF
Per the summary of subject-matter accompanying the writ of summons, Plaintiff is a
teacher at Duayaw Nkwanta. According to the summary, Plaintiff applied to the Plot
Allocation Committee Chairman on the 22/07/2014 for the disputed plot and same was
granted. Plaintiff states further that he paid an amount of GHC2,000.00 for the plot and
the allocation committee issued a site plan covering the plot and the site plan was
endorsed by the paramount chief of Duayaw Nkwanta. The Plaintiff continued further
that he took possession of the land by depositing trips of sand after which he molded
blocks. According to the Plaintiff, Defendant had plantain on the disputed plot so
Defendant was informed by the plot allocation committee that the plot had been allocated. Plaintiff added that he has since being granted a building permit in respect of
the disputed land by the Tano North Assembly.
PLEA
The Defendant pleaded not liable to the reliefs sought by the Plaintiff setting up the
matter for trial.
ISSUES FOR DETERMINATION BY THE COURT
The issue before the court is whether or not the Plaintiff proved his case of recovery and
possession of Plot No. 218 Block D Sector 1
MODE OF TRIAL
The court did not order the parties to file pleadings. The mode of trial was by way of oral
evidence. The Plaintiff testified himself and called no other witness. The Defendant also
testified herself and called no other witness.
STANDARD OF PROOF, BURDEN OF PROOF AND PERSUASION
A writ of summon as a form of civil litigation, the standard of proof is one on balance of
probabilities or preponderance of probabilities. The proof as prescribed in civil trials is
provided in section 10, 11 and 12 of the Evidence Act, 1975 (NRCD 323). These sections
on burden of proof, burden of persuasion and burden of producing evidence, provide
thus:
(1) For the purposes of this Act, the burden of persuasion means the obligation of a party
to establish a requisite degree of belief concerning a fact in the mind of the tribunal of fact
or the Court.
(2) The burden of persuasion may require a party
(a) to raise a reasonable doubt concerning the existence or no