PAUL AND OTHERS vs. NARH

JUDGEMENT Omari-Sasu JA delivered the first judgment at the invitation of Twumasi JA. On 28 July 1986 the plaintiff-respondent (herein after referred to as the respondent) sued the defendant-appellants (hereinafter referred to as the appellants) at the District Court Grade II, Dodowa and claimed against them: “(a) declaration of title in respect of land at a place known and called ‘Takper’; (b) damages for trespass; and (c) perpetual injunction.” The court received evidence from the respondent and her three witnesses and the appellants were given the chance to examine them but only the respondent was examined. In the course of the hearing, the court deemed it necessary to appoint a surveyor to survey the land in dispute. This move was approved by the parties who were directed to file their instructions to the surveyor. In time, it became necessary for the parties to go to the land in dispute with the surveyor and physically assist him to make a survey. Only th...