[1974]DLCA2254 • January 15, 1974 • Court of Appeal
ANKRAH vs. OFORI AND OTHERS
The appellant claimed title to a disputed plot of land in Kokomlemle, Accra, alleging ownership through a grant from Ayitey Quaye, originally from Atukpai stool. The respondents acquired the land in 1965 from Mr. E. A. L. Bannerman, who had obtained it in 1958 from the Osu Tetteh family with the consent of the allodial owners. The respondents built on the land in good faith, relying on Bannerman's title, without knowledge of the appellant's claim. The appellant sought recovery of possession, damages for trespass, and injunction, but the trial judge awarded compensation instead.
read moreThe short, but nonetheless, interesting point that arises on this appeal is whether the learned trial judge was justified in holding that the respondents were entitled to protection under the Land Development (Protection of Purchasers) Act, 1960 (Act 2). On 2 October J965, the appellant caused a writ of summons to issue in which he claimed against the respondents the following reliefs: (1) A declaration of his title to a piece of land forming part of the Kokomlemle lands in Accra; (2) Four hundred and eighty cedis (¢480.00) damages for trespass; (3) Recovery of possession of the said land; and (4) Perpetual injunction. The evidence was short and simple, and after a careful analysis of the case for the plaintiff and for the defence, the learned trial judge made four crucial findings. The first finding is contained in the following passage of the judgment: “The first issue to be resolved is whether the plaintiff is the owner of the disputed plot which is edged green, red an...