[2006]DLSC2417 • November 15, 2006 • Supreme Court •
ADU KOFI DJIN vs. SEIDU MUSA BAAKO
The dispute concerns title to land at Sabon Zongo, Accra. The plaintiff, administrator of his late father's estate, claimed title to the land based on grants and registrations, while the defendant, also administrator of his late father's estate, counterclaimed for declaration of title, injunction, and damages for trespass. The defendant's family claimed original grant of the land dating back to 1909 as a settlement for the Hausa community, with consent of the plaintiff's grantors. The plaintiff alleged adverse possession over more than 30 years. Both parties relied heavily on documentary evidence including indentures and prior judgments.
read moreFollowing two earlier judgments at the lower courts, the issues to be determined in this case have considerably narrowed down. ANINAKWAH, J.S.C.: The Defendant by his Statement of Defence denied the plaintiff's claim. He, too, pleaded in paragraphs 3 and 5 by which he set up strong Defence against the plaintiff's claim, and went on to claim by way of counterclaim thus: (i) Declaration of title to all that piece or parcel of land situate lying and being at Sabon Zongo Accra- particularly (described) on the Counterclaim. (ii) Perpetual Injunction against the plaintiff, his personal representatives, assigns, agents, servants and workmen. (iii) General Damages for trespass. The plaintiff in his reply and defence to the counterclaim denied the defendant's counter claim and by way of defence raised the defences of Estoppel and the defence under the Statute of Limitations against the Defendant .It is observed from the pleadings that both parties relied heavily on documentary evide.....