[2012]DLHC8211November 11, 2012High Court

NANA KWAKU SIAW vs. ELIZABETH BOATENG

The plaintiff in this action described himself as a farmer and the Nkosuohene of Anwomaso near Kumasi on 31/3/08, he instituted a case against the defendant claiming declaration of title and recovery of possession to a piece of land described as plot numbers 81 and 82, Block IV Anwomaso, damages for trespass and injunction. However, in the endorsement to the writ the block number of the plots was stated both as IV and VI. In the statement of claim, the same description was given to the property that is block numbers’ IV and VI. However, in his testimony, and in the exhibits tendered at the trial, the number was consistently stated as VI without any objection from the other side. For example, exhibits ‘A’ and ‘B’ are the allocation papers and site plan respectively. Exhibit ‘A’ was prepared by the Osei-Boa stool signed by the Anwomasohene, the Krontihene and an elder of the stool on 1st February, 2000. Exhibit ‘C’ represent receipts of property rates issued to the plai...