MAHAMA vs. ISSAH AND ANOTHER

JUDGEMENT Brobbey JA. The dispute in this case concerns title to one plot of land situated at a place in Tamale described as light industrial area. It appears that the area was earmarked for mechanics. All the parties in this case are mechanics. The plaintiffs’ claim in the High Court was that they acquired the plot and started building on it. But the defendant levelled all that they constructed to the ground with a caterpillar. They therefore sued the defendant for: “(a) Declaration of title to that plot. (b) Special and general damages of ¢2,575,330 for trespass. (c) Perpetual injunction to restrain the defendant and his agent from interfering with their title and possession of the plot.” The defendant on the other hand contended that he acquired the plot and had his document on the acquisition stamped and registered. He saw the plaintiffs trespassing on it. His warning to them to end the trespass was not heeded. He therefore hired a caterpillar and razed ...