[1987]DLCA806 • December 22, 1987 • Court of Appeal
SASU vs. AMUA-SEKYI
The plaintiff purchased four plots of land from Sophia Vanderpuye in 1966, with title registered as No 2219/1966. The defendant claimed title to part of the land through a grant from Nii Ayikai Stephens, head of the Akumajay stool, dated 1973 and registered in 1974. The plaintiff alleged trespass by the defendant on the land. The case involved disputes over the validity of titles, boundaries, and the conduct of the parties during the trial, including interim injunctions and multiple adjournments.
read moreJUDGMENT OF WUAKU JA Wuaku JA delivered the first judgment at the invitation of Abban JA. This is an appeal from a decision of his Honour M Atta-Fynn sitting as a circuit court judge at James Town, Accra. He gave judgment in favour of the respondent (who shall hereinafter referred to as the plaintiff) against the appellant (hereinafter referred to as the defendant). The writ of summons was issued on 30 May 1974 and the judgment given on 10 April 1985. The case although a simple one, has a long and a stormy history behind it. In order to understand the case and to apply the law, it is necessary that I should take some time to state the relevant facts and other incidents that occurred during the trial. During the course of the trial the writ of summons together with the pleadings on both sides were amended. The plaintiff’s claim is for: (.a) declaration of title; (b) recovery of possession; (c) perpetual injunction, etc; and (d) ¢500 damages for trespass in respect of a pie...