NII BOI vs. ADU

This was a land dispute over a piece of land at Labadi. The plaintiff claimed declaration of title, damages for trespass and perpetual injunction. The defendant counterclaimed for declaration of title and injunction over the same land. The disputed land lay along the boundary between land of the Abafum quarter and land earlier granted by the Abafum quarter to the Basel Mission, later the Presbyterian Church. The defendant claimed through an exchange made in about 1925 with the church, while the plaintiff claimed through a 1959 grant from the Abafum quarter. The central controversy was whether the defendant had crossed the church’s ancient western boundary, marked by old pillars, and whether long occupation and fencing by the defendant created estoppel by acquiescence against the Abafum quarter and the plaintiff. Portion indicating this appears in the judgment where the court states: “The claim of the plaintiff is for a declaration of title and damages for trespass to, and perpetual injunction in respect of a piece of land situate at Labadi… The respondent… counterclaimed for a declaration of his title to and interim injunction in respect of the identical land.” It further appears where the court recounts the ancient grant to the Basel Mission, the 1925 exchange to the defendant, the 1944 survey and exhibit B, and the 1959 grant to the plaintiff.