KAI vs. AMARKYE

JUDGMENT OF SARKODEE J. This is an appeal from the judgment of his Honour. K. K. Okyere, Circuit Judge, sitting at Cape Coast. The plaintiff-respondent (hereinafter referred to as the plaintiff) in his capacity as head of the Abokyi family sued the defendant-appellant (hereinafter referred to as the defendant) for a declaration of title to a piece or parcel of land (called “Odumase land” which was formerly known as Osamkrom), damages for trespass and perpetual injunction. The plaintiff succeeded on his claim, the court awarding him ¢2,000 damages for trespass and an order for perpetual injunction. The court also gave judgment to the defendant on his counterclaim and awarded him ¢500 damages and ¢150 costs. The defendant dissatisfied with the decision of the circuit court appealed to this court. Two main grounds of appeal were argued, i.e. additional ground (1) and ground (a) of the original grounds, namely: “(1) whether the omission to deny specifically paragraphs (8),...