OBAAPANYIN AKOSUA NYANTAKYIWAA (SUING PER HER LAWFUL ATTORNEY) MR. KWAKU ABRAHAM (PLAINTIFF/APPELLANT) vs. ISAAC DARKWA

MARIAMA OWUSU, J.A: On 30-1-2012, the High Court, Koforidua, gave judgment against the plaintiff. The Court held among other things that, “From the above, and for the reasons given, judgment is entered against the plaintiff in respect of all the reliefs endorsed on her writ. The defendant in this case did not counterclaim for a declaration of title, recovery of possession and an order of perpetual injunction amongst others as was the case in the previous litigation. However, with the resolution of all the issues and additional issues in his favour, he is entitled to being declared owner of the disputed land and the court so declares. The effect of this judgment means that the judgment in the previous litigation declaring title in his favour upon his counter claim stands unaffected. Also see the case of Hanna Assi v. Gihoc Refrigeration & Household Products Ltd. (No.2) [2007-2008] 1GLR 16 which held that where on the evidence a defendant is clearly entitled to a remedy but filed no.....