MIREKU vs. YEBUAH

JUDGMENT OF OSEI-HWERE J.A. Osei-Hwere J.A. delivered the judgment of the court. On 11 August 1977 the plaintiff-respondent (hereinafter referred to as the plaintiff) sealed her writ in the High Court, Accra claiming against the defendant-appellant (hereinafter referred to as the defendant) a declaration of title to a piece of land, particularly described; damages for trespass; and recovery of possession. Because of the unpredictable turn the trial of the case took at the court below it will be pertinent to bring into focus the issues in dispute by quoting both the statement of claim and the defence. These are formulated as follows: “STATEMENT OF CLAIM 1 The plaintiff is the owner of the plot of land situate lying and being at Maamobi-Dzorwulu, Accra and described in the plaintiff‘s writ of summons. 2 The said plot was granted to the plaintiff in 1961 by the then Osu Mantse, Nii Noi Dowuna IV, and evidenced by a deed of conveyance dated 23 October 1961 registered in the...