AKAKYIE II vs. EDIYIE

JUDGMENT OF ANIN J.A. This appeal from the judgment of the Sekondi High Court dated 5 July 1974 raises the fundamental question, what was the true nature of the plaintiff’s action - was it an action for trespass simpliciter or was the plaintiff’s title put into issue as a result of the pleadings, evidence and the nature of the defence? The trial magistrate held the view that the plaintiff’s title was put into issue even though the amended statement of claim contained only a claim for trespass. The learned High Court judge sitting on first appeal thought differently and ruled that it was trespass simpliciter. In this second appeal, the appellant argues that the magistrate was right and the learned judge was wrong in his categorisation of the suit while the respondent naturally disagrees. The main ground of appeal argued by learned counsel for the defendant was that “the learned judge was wrong in law in holding that title was not the real issue between the parties.” Before ...