SETH KUMAH APPIAH vs. AKOSUA ADDAI

JUDGMENT OBENG-DIAWUO (JA) INTRODUCTION This appeal emanates from the judgment of the High Court, Kumasi, dated the 18th day of April, 2019, in which the Learned Trial Judge entered judgment for the plaintiff/respondent whilst dismissing the defendant/appellant’s counterclaim. In this judgment the plaintiff/respondent will be simply referred to as the plaintiff and the defendant/appellant, the defendant. THE FACTS The facts of the instant appeal may be summed up as follows: One Opanin Kwaku Kumah who happens to be the father of the original plaintiff acquired a piece or parcel of land several years ago at Nyinahin at a place commonly known and called Akwaem. The said land so acquired by Opanin Kwaku Kumah (hereinafter the deceased) shared common boundaries with the respective lands of Kwaku Tweneboah, Kwame Mensah, Madam Serwaa, Ama Kune, Yaw Gyato, Madam Kusiwaa, Yaw Twum, Yaa Donkor and Madam Akosua Asibuo. All the boundary owners are deceased except Yaa Donkor. The de.....