[2016]DLCA8424 • October 20, 2016 • Court of Appeal
ALBERT BENTSI ADDISON vs. ADJOA OWUSUA
MARIAMA OWUSU, J.A.: On 21st August, 2014, the Circuit Court, Amasaman dismissed the defendant’s counterclaim as not proved and gave judgment for the plaintiff for all the reliefs endorsed on her writ of summons. In her judgment, the trial Judge held among other things as follows: “I am satisfied on a careful examination of the totality of the evidence led that the plaintiff adduced sufficient evidence to establish her claim on a balance of probabilities. With regard to the defendant’s counterclaim, she failed to prove her title to plot number 92 and did not lead any evidence to prove the special damages claimed. I dismiss the defendant’s counterclaim and enter judgment in favour of the plaintiff for all the reliefs endorsed on her writ of summons. Having regard to the four bedroom house built on plot 92, I shall award nominal damages of Gh¢1,000.00 to the plaintiff. In respect of costs, I shall consider the length of the trial, the number of witnesses called, travel ...