MS. AGNES AHADZI AND PIONEER MALL LTD. vs. BOYE SOWAH AND 2 OTHERS

SOWAH J.A. On 4th July 2011, the High Court, Accra delivered judgment against the three defendants, dismissing their counterclaims and granting the plaintiffs all the reliefs they had sought in their writ of summons. The plaintiffs were declared bona fide grantees of the land in dispute and were awarded GH₵50,000.00 in general damages for trespass. A perpetual injunction order was made against the defendants and costs of GH₵3,000.00 were awarded in favour of the plaintiffs against each of the defendants. Dissatisfied with the decision of the trial High Court, the 1st defendant [hereafter referred to as the appellant] has appealed on the sole ground that “The Judgment is against the weight of the evidence adduced at the trial”. He is praying that the judgment against the 1st defendant be set aside and judgment entered in his favour. The background to this case is as follows: The plaintiffs initially issued their writ of summons on 5th July 2000 against the 1st and 2nd defe...