[2002]DLCA1270March 1, 2002Court of Appeal

TACKlE vs. LAMPTEY

JUDGEMENT Twumasi JA. By her statement of claim the appellant (hereinafter called the plaintiff) accused the respondent (hereinafter called the defendant) of committing acts of trespass upon the plaintiff’s property which consisted of a piece of land with building thereon which had reached lintel level. The defendant was alleged to have demolished part of the plaintiff’s said building. The plaintiff claimed ownership of the land by grant to her by the Nii Charbukwe family of Anyah in the Sempe Division of the Ga Traditional Area in 1986 and she held an indenture and a registration certificate from the Lands Secretariat and a building permit. The defendant, for her part, by paragraph (5) of her statement of defence vehemently denied the allegation of trespass averred in paragraph (8) of the plaintiff’s statement of claim and averred in answer to the plaintiffs claim that she became the owner of the same land way back in 1976 by a grant to her by Nikoi Olai stool family. Whil...