AYIKUMA ADAMS, (SUBSTITUTED BY NANA OFUSU APPIAH) EMMANUEL ADJAH ANKRAH AND JAMES K. B. VANDERPUIJE vs. EMMANUEL TETTEH LOMOTEY AND NII ARYEE ANKRAH

LAMPTEY, JSC: The brief facts of the case on appeal are that the plaintiff obtained a customary grant of the land in dispute from the Manche Ankrah family sometime in 1962. He went into possession almost immediately. Sometime in 1980 the defendant entered that land and started putting up a wooden structure. The plaintiff promptly pulled down and destroyed the wooden structure. A complaint of this fracas was made to the Ghana Police. The Ghana Police did not pursue the complaint and did not investigate it. In the opinion of the Ghana Police, the real issue in dispute is the ownership of the plot of land therefore advised the rival parties to seek redress in a civil court. None of the parties acted on the advice of the Ghana Police. Sometime in 1981, the defendant commenced building operations on the plot of land. The plaintiff again made a complaint of trespass against the defendant. In the meantime the plaintiff sued the defendant in the High Court Accra and claimed the reliefs s...