[2023]DLCA17640December 7, 2023Court of Appeal

PATRICK KWASI KYEI BAFFOUR vs. KWAME ADU @ JOE

JUDGMENT SUURBAAREH, JA This is an appeal from the judgment of the High Court, Kumasi, dated 27th April, 2022, whereby the Court dismissed the Plaintiff/Appellant’s claims and entered judgment for the Defendant/Respondent. Dissatisfied with the judgment, the Plaintiff/Appellant has mounted the instant appeal, on the sole ground that the judgment is against the weight of the evidence, and seeking to have the same set aside, and judgment entered for the Plaintiff/Appellant. The facts giving rise to this appeal are not in much dispute. Per his writ of summons, the Plaintiff/Appellant, hereinafter called the Appellant, sought a declaration of title of land measuring approximately 1.49 acres, and particularly described in relief (a) of the writ of summons, situate at Brofoyedru, in the Bosomtwe Atwima Kwanwoma District in the Ashanti Region. Other reliefs sought were an order for recovery of possession; general damages for trespass; and an order of perpetual injunction against the Def.....