SAMMY ADDO v. BAIDEN

This appeal concerns a land dispute at Awoshie/Kokroko in Accra between Sammy Addo, who claimed ownership of approximately four plots acquired from the Gbawe Stool (with electricity lines crossing), and Bayden alias “Jocker,” who counterclaimed title to an adjoining 0.45‑acre parcel and alleged trespass. The High Court declared title for Addo, granted a perpetual injunction, and dismissed Bayden’s counterclaim. On appeal, Bayden challenged the judgment as being against the weight of evidence, conflicting with documents, and procedurally flawed because the trial judge visited the locus in quo but failed to record anything from the inspection. Applying the Practice Note in Glblevi Family v. Amanie, as affirmed in Barko v. Mustapha, the Court of Appeal held that the trial court did not observe or record the inspection and failed to clearly identify the common boundary and the exact land in dispute. The Court therefore set aside the judgment, damages, and costs, remitting the case for retrial before a different judge and making no order as to costs.