[2018]DLCA5560October 15, 2018Court of Appeal

NANA BAFFOUR GYAWU vs. YAW ADU GYAMFI

ADUAMA OSEI JA: The writ of summons that initiated this action was issued in the Circuit Court, Kumasi, on the 23rd of December, 2005. In the course of trial before the Circuit Court, however, it was by a transfer order issued by the Chief Justice, transferred to the High Court, Kumasi, for continuation. The judgment appealed from is therefore a judgment of the High Court and it is dated the 28th of July, 2016. In this judgment, the Defendant/Appellant is referred to as “the Defendant”, and the Plaintiff/Respondent is referred to as “the Plaintiff”. The reliefs the Plaintiff sought in the trial Court were for a declaration that he is the bona fide owner of Plot Nos. 24 and 25, Block A, situate at Ampeyoo on Agyeiwaa Stool land, recovery of possession of the said land, damages for trespass in respect of the land, and perpetual injunction against the Defendant and his agents, assigns and privies restraining them from entering upon the land or interfering in any way wit...