ATTIAPA vs. MARIAM

This is an appeal against the judgment of Dove J by which the learned judge upheld the plaintiff’s claim against the defendant. The claim was for the following reliefs: (1) a declaration that she is the owner and beneficially entitled to the disputed land; (2) ¢250,000 damages for trespass onto the said land by the defendant; (3) perpetual injunction restraining the defendant her servants agents and assigns from further interfering with the plaintiff’s use of the said land. From the amended statement of claim, the plaintiff purchased the land, the subject matter in dispute, from one Violet Naanum Whitaker as far back as 1956 and constructed a platform for her building thereon. Although the plaintiff did not obtain any document of title before her vendor died, she later obtained one and registered it. The plaintiff constructed a platform on the land and left for Nigeria. It was on her return some years later that she discovered that the defendant had trespassed on the land and bu...