LARBI vs. KUMA AND ANOTHER

The appellant sued for declaration of title to land near Nima Junction, damages for trespass, and perpetual injunction. He traced title to the Akwapim Union through two instruments: one assignment from Philip K. Arthur Baidoo and another grant from the Union itself. The 2nd respondent/codefendant, Adelaide Valani Otwiwa Newman, claimed title from the Nii Odoi Kwao family, the original lessors of the larger tract, and counterclaimed for title, trespass and injunction. The dispute turned on whether the land remained vested in the Akwapim Union under a 99-year lease granted in 1940, or whether the Nii Odoi Kwao family had lawfully re-entered and could validly regrant portions of it. Portion indicated in judgment: opening paragraphs beginning “In his writ of summons, the plaintiff-appellant... claimed ownership...” and the narrative of exhibits B, C, D, E, F and 2.

JUDGMENT OF AMPIAH J.A. Ampiah J.A. delivered the judgment of the court with the leave of Amua-Sekyi J.S.C. In his writ of summons, the plaintiff-appellant (hereinafter referred to as the plaintiff) claimed ownership of a piece of land situate and lying at the Ring Road near Nima Junction, damages for trespass and an order of perpetual injunction against the defendant-respondent, also referred to in this appeal simply as the defendant. A Madam Adelaide Valani Otwiwa Newman , the grantor of the defendant, applied to be joined and was joined in the action as the co-defendant. She counterclaimed for a declaration of title to that piece of land, damages for trespass and an order of perpetual injunction against the plaintiff, his agents, servants and assigns. On 13 February 1984 the trial learned judge dismissed the plaintiff’s claim. He declared title in the co-defendant and made an order restraining the plaintiff, his agents and servants from entering the land in dispute or in any wa.....