[2018]DLCA11555December 17, 2018Court of Appeal

COMFORT AMA SERWAA vs. OPANIN KWADWO DONKOR AND JAMES KOFI ASAMOAH

ADUAMA OSEI JA: This is an appeal against a judgment of the Circuit Court, Kumasi, dated the 11th of September, 2012, in which the trial Court dismissed the claim of the Plaintiff/Appellant for declaration of title to land, damages for trespass, and perpetual injunction, and entered judgment for the 2nd Defendant/Respondent on his counterclaim. The judgment of the trial Court is found at page 254 to page 261 of the Appeal Record, and the Notice of Appeal is at pages 263 and 264 of the same Record. In this judgment, the Plaintiff/Appellant is referred to as “the Plaintiff”, and the Defendants/Respondents are referred to as “the Defendants”. The writ of summons that commenced the suit was filed in the Circuit Court, Kumasi, on the 23rd of June, 1995. The writ and its accompanying statement of claim were subsequently amended and, as indorsed on the amended writ, the Plaintiff per her Lawful Attorneys claimed for a declaration of title “to all that piece or parcel of lan...