[2007]DLCA7016 • March 16, 2007 • Court of Appeal
F.K .A COMPANY LIMITED vs. EFFAH SARKODIE
The respondent, F.K. A Company Limited, claimed to have acquired approximately 95.194 acres of land at New Weija, Greater Accra, through a customary grant from the Weija Stool and its elders in 1980, supported by an indenture executed in 1998. The appellant, Effah Sarkodie, also claimed grants of land in the same area from 1993 onwards. The dispute centered on the validity and priority of the land grants and the payment of consideration for the land acquired by the respondent.
read moreTWENEBOA-KODUA, JA The plaintiff, as respondent herein, obtained judgment in the High court, Accra on 27 July 2005 against the defendant {as the appellant herein}, for reliefs as follows: "(a) Declaration of title to the land in dispute. (b) Recovery of possession. (c) Perpetual injunction against the defendant, his heirs, agents, privies etc., restraining them from interfering with the plaintiff’s right use and enjoyment of the land. (d) Special damages of ¢65 million against the defendant for unlawfully demolishing structures on the plaintiff's land. (e) ¢20 million general damages against the defendant for his trespass unto the plaintiff's land." Additionally the victorious respondent was awarded ¢20 million costs against the appellant. The appellant being dissatisfied with the judgment has appealed to this court on two grounds, closely related, and has given a notice of further grounds to be filed that have never come. The two kindred grounds are: "(1) The judg...