[2024]DLCA17915October 17, 2024Court of Appeal

YIDANA SANDOW vs. OSMAN ALI

JUDGMENT BAAH, J.A BACKGROUND 1. This appeal challenges the decision of the High Court, Tamale, dated 18 March 2022, coram, Daniel Kwaku Obeng J. On 15 January 2018. The plaintiff/appellant (hereafter appellant) issued a writ of summons with a statement of claim seeking an order of declaration of title, recovery of possession, an order of injunction and general damages for trespass to plot No 301, Block ‘C’, Gulkpegu-Dungu Residential Area in the Sagnerigu Municipal Assembly in the Northern Region of Ghana. 2. In a statement of defence filed by the defendant/respondent (hereafter respondent) on 14 February 2018, he resisted the claims of the appellant, thereby compelling a plenary trial at which each party testified, and three witnesses called on the side of the appellant and four on the part of the respondent. 3. In its judgment dated 18 March 2022 aforesaid, the trial court dismissed the entire claims of the appellant for lack of merit. The decision was anchored; int...