D.K.G. ADDAE SUING FOR HIMSELF AND FOR AND ON BEHALF OF BROTHER AND SISTERS vs. AMA KUMAH [2012]DLHC8475

D.K.G. ADDAE SUING FOR HIMSELF AND FOR AND ON BEHALF OF BROTHER AND SISTERS vs.... [2012]DLHC8475

Date	2012-11-01
Suit No.	SUIT NO. C11/7/09
Citation No.	[2012]DLHC8475

HIS LORDSHIP JUSTICE JACOB B. BOON

[2012]DLHC8475
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													<main id="main" class="content" style="min-height: 60rem" >D.K.G. ADDAE SUING FOR HIMSELF AND FOR AND ON BEHALF OF BROTHER
AND SISTERS<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>AMA KUMAH<o:p></o:p>(DEFENDANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C11/7/09&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
1ST NOVEMBER, 2012<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>This is an appeal
from the decision of Kumasi District Court presided over by His Honour Judge
F.O. Afriyie, sitting as an additional magistrate. In that court, the
plaintiff/respondent claimed declaration of title to a piece of farmland said
to be at a place called “Asuo Abenaa” on
Esaase stool land and shares boundaries with the properties of Abena Bruwa,
late Opanin Kwakye and Chief Inspector Afriyie. He also prayed for an order of
perpetual injunction, ¢2 million (Old Cedis) damages against the
defendant/appellant for destroying young cocoa plants on the disputed land and
general damages for trespass.<o:p></o:p><o:p>&nbsp;</o:p>From the record no
evidence was led proof of the ¢2million which claim is in the nature of special
damages. The trial district court made no order in that regard. As a result
this court will not consider that relief in this appeal as it was clearly
abandoned by the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>The defendant denied
the claim of the plaintiff and put up a counter-claim for a parcel of land also
said to be at Asuoabenaa but bounded differently from that claimed by the
plaintiff. The defendant asserted that her land is bounded by the properties of
Abena Buruwaa, Opanyin Kwakye, Madam Agyapong and Madam Kusiwaa.<o:p></o:p><o:p>&nbsp;</o:p>The district court
entered judgment for the plaintiff on the basis that the plaintiff and his
witness put up a more consistent case than the defendant and his witnesses.
Costs of GH¢300.00 were also awarded against the defendant. The defendant is
aggrieved by the decision of the district court. He therefore filed the instant
appeal, the sole ground being the omnibus one that the judgment is against the
weight of evidence adduced at the trial. That being the only ground, this court
is bound to carefully scrutinize the whole record of appeal to satisfy itself
that, on a balance of probabilities, the decision of the trial court could be
reasonably supported by the record. In Abbey &amp; Others v Antwi V (2010)
SCGLR 17, Dotse JSC in stating this principle at pages 34-35, quoted with
approval the dictum of Sophia Akuffo JSC in Tuakwa v. Bosom (2001-2002) SCGLR
61 at 65 in the following terms:<o:p></o:p> 
“an
appeal is by way of re-hearing, particularly where the appellant, …
alleges&nbsp; in his notice of appeal that,
the decision of the trial court is against the weight of evidence. In such a
case…it is incumbent upon the appellate court, in a civil case to analyse the
entire record of appeal, take into account the testimonies and all documentary
evidence adduced at the trial before it arrives at its decision, so as to
satisfy itself that, on a balance of probabilities, the conclusions of the
trial judge are reasonably or amply supported by the evidence.”<o:p></o:p><o:p>&nbsp;</o:p>It was also held in
the Abbey case (supra) that: “Further the appellant has to properly
demonstrate what lapses he in complaining about.” See page 35 of the
report.<o:p></o:p><o:p>&nbsp;</o:p>Before, I discuss the
evidence led at the district court; it is relevant to state that the record of
appeal is not complete as it does not include statement of claim allegedly
filed in that court. However, the case of the plaintiff is sufficiently stated
in the evidence led by him and his onbly witness.<o:p></o:p><o:p>&nbsp;</o:p></</main>