[2018]DLCA5171October 31, 2018Court of Appeal

KOFI MANU vs. KWAME BOAFO & ANOR.

MARIAMA OWUSU, J.A.: On 16th December, 2016, the Circuit Court, Nkawie entered judgment for plaintiffs on all their claims. The court held among other things that: “On the totality of the evidence adduced and on a preponderance, the plaintiffs’ version is to mind of this court more probable than that of the defendant. In that event, the court enters judgment in favour of the plaintiffs on all their claims for the recovery of possession of House Number H12 situate and being at Hiakosi Bontefuofuo. It is further declared that title to the land in issue resides in Yaa Korkor, plaintiffs’ grandmother and from whose line the plaintiffs have sued. Consequently, the plaintiffs shall recover possession of the said land more properly described in the endorsement of the plaintiffs’ writ. The defendant’s counterclaim fails it its entirety. There shall be no award as to costs.” Dissatisfied with the decision of the trial court, the defendant appealed to the Court of Appeal on t...