SAM vs. NOAH

JUDGMENT OF LAMPTEY J.A. Lamptey J.A. delivered the first judgment at the invitation of Abban J.S.C. On 5 December 1978 one Kweku Sam as plaintiff took action against Opanin Noah in the District Court, Grade I, Agona Swedru. He won that action. The defendant appealed to the High Court, Cape Coast on two grounds of appeal. The High Court, Cape Coast heard the appeal on the merits. The learned judge of the High Court reversed the decision of the lower court. In his judgment the learned judge of the High Court held that the action prosecuted by the plaintiff was not an action for damages for trespass as was decided by the lower court. The judge held that the action brought by the plaintiff was one for a declaration of title to land. In the view of the learned judge of the High Court the plaintiff failed to prove his claim and was therefore not entitled to judgment. Accordingly, he dismissed the action of the plaintiff and entered judgment for the defendant, Opanin Noah. The plaintiff, ...