MOUGANIE vs. YEMOH

JUDGMENT OF AMISSAH J.A. The principal issues in this case are issues of fact. Was the defendant granted the land in question by the allodial owners before the plaintiff’s predecessors in title were granted that land? Was the land granted to the plaintiff and his predecessors the same as the land which has now been built on and fenced by the defendant? The learned trial judge, Edusei J., found on these against the plaintiff. Consequently he dismissed the plaintiff’s claim for an injunction to restrain the defendant from trespassing on the plaintiff’s land. The plaintiff appeals against this decision. The plaintiff, a foreigner, claimed to be the owner of a piece of land in Labadi. His claim depended on a number of transactions, which looked at cumulatively, establish, according to him, his right to the land. First there was a deed of conveyance executed on 11 December 1956 by which two brothers, Ziorkley and Adisenu, sold a parcel of land to him. Neither Ziorkley nor A...