[1984]DLCA888December 18, 1984Court of Appeal

AYITEY vs. MANTEY

JUDGMENT OF FRANCOIS J.A. Located somewhere in a suburb of Accra is Nmenmete, an area belonging to the Sempe stool, and which for some whimsical reason is also known as Russia. It is in Russia then, that the parties to this appeal are contesting legal title over two plots of land. The plaintiff claimed that she and her husband in 1961 obtained customary grants of five contiguous parcels of this land from the Sempe stool. She obtained two of the plots and her husband three. Her husband built on his portion where they presently reside and have resided for some considerable time to the knowledge of the defendants. The plaintiff commenced a poultry venture on her part of the land. This failed. She then turned to arable farming. These matters were averred in her pleadings, as also the further fact that it was fifteen years after her physical possession of the land that she noticed the intrusion of the appellant thereon. The first defendant-appellant (hereinafter referred to as th...