[2019]DLCA6369April 29, 2019Court of Appeal

STEPHEN OBENG YEBOAH & ANOTHER vs NANA APRAKU MENSAH

MARIAMA OWUSU, J.A. On 21st March, 2017, the High Court, Kumasi gave judgment for the plaintiff against the defendants. The trial court held among other things as follows: “I therefore hold that the plaintiff have succeeded to prove his case, by the preponderance of probabilities as enshrined in our Evidence Law in Section 11 (4) of Act 323 of 1975. I therefore declare plaintiff ownership to all that piece and parcel of land situate, lying and being at Sabronum on the land, etc.See relief 1 of the docket. I enter judgment in favour of plaintiff on his relief 1, 2 and 4. I cannot enter judgment for plaintiff on relief 3 since there is no evidence on record to substantiate that relief.” Dissatisfied with the decision of the High Court, the defendants mounted this appeal on the following grounds: 1. That the judgment is against the weight of evidence. 2. Additional grounds may be filed on receipt of the records of proceedings. On 26th October, 2017, the defendants filed Addi...