[1961]DLHC608July 6, 1961High Court

AQUAH vs. COFIE

JUDGMENT OF ADUMUA-BOSSMAN, J. By his writ of summons the plaintiff claims a declaration of title, recovery of possession, damages for trespass and an order of injunction against the defendant in respect of a building plot situate at West Korle Gonno described in detail in the said writ. By his statement of claim he disclosed that he claims under and by virtue of an indenture of conveyance dated the 1st December, 1948, made between Nii Tetteh Kpeshie, Sempe Manche as vendor and himself, the plaintiff as purchaser; and that he entered into possession immediately after the sale and fixed concrete cement pillars “to mark the area of his occupation” and was occupying virtually undisturbed until some time in November, 1958, when the defendant unlawfully entered upon the land and commenced building operations thereon. The defence disclosed in the statement of defence was that the plot was granted and conveyed to the defendant by an indenture of conveyance dated the 2nd January...