[2019]DLCA7726 • October 28, 2019 • Court of Appeal
NANA BONSO-AMANKWAAH (PLAINTIFF/APPELLANT) vs. LANDS COMMISSION SUNYANI, EUGENE TWENEBOAH, AMANKWATIAH, FIAPRE AND NKETIAH, SUNYANI (DEFENDANTS/RESPONDENTS)
MARIAMA OWUSU, J.A.: On 30th of October, 2017, the High Court, Sunyani dismissed plaintiff’s case as not proved and awarded costs of GH¢1,000.00 against him. Dissatisfied with the judgment of the court, the plaintiff mounted this appeal on the following grounds: a. The judgment is against the weight of evidence. b. The learned trial Judge erred when he held that E. I. 222 of 1962 is applicable to the plots in dispute when there was no evidence before him to that effect. c. The learned trial Judge further erred when he held that the plaintiff failed to identify the land he was claiming. The reliefs being sought: To set aside the entire judgment/decision and all the consequential orders made by the High Court, Sunyani dated 30th October, 2017 in favour of the defendants/respondents and enter judgment for the plaintiff/appellant. Before dealing with the arguments advanced in support of this appeal, I will give a brief background of the case. By his amended writ of summons, the...