K & D SERVICES UNIVERSAL IM EXPRESS LTD vs. YAW AMOAH

JUDGMENT BAAH, J.A BACKGROUND On 20 March 2007, the respondent sued the appellant in the High Court, Kumasi, seeking the reliefs of (a) declaration of title to plot no. 1, block 1, Hwidiem (b) recovery of possession of the above plot (c)damages for trespass and (d) perpetual injunction restraining the appellant and all acting through him from any dealing with the disputed plot. The appellant joined issues with the respondent and equally counterclaimed for (a) declaration of title to the subject land (b) perpetual injunction (c) damages for trespass and (d) costs. After the close of pleadings, ten issues were settled for the determination of the case. In the ensuing plenary trial, the respondent testified through its attorney. The attorney tendered a copy of a power the attorney as exhibit A. He also tendered a statutory declaration by one Kwadwo Obeng, a site plan and a Hwidiem Town Development Committee report. The appellant also testified and tendered a deed of transfer from Op...