CHOU SEN LIN vs. TONADO ENTERPRISES LTD. & T. A. ASIAMAH

The dispute concerned a piece of land in Tema originally owned by the Tema Development Corporation (TDC). The land was leased to W.C. Tandoh of West Coast Dying Industries Ltd, who rented and later sold his interest in the land to the plaintiff (respondent). The plaintiff registered the land at the Lands Commission. The land comprised three plots (LI 1, 2, and 3), with factories built on two plots and the third left for future development. The defendants (appellants) encroached on the third plot by constructing a fence wall. The plaintiff sought a declaration of title and perpetual injunction against the defendants. The Circuit Court dismissed the plaintiff's claim, but the Court of Appeal allowed the plaintiff's appeal. The defendants appealed to the Supreme Court.

BROBBEY, J.S.C. This is an appeal from the decision of the Court of Appeal which had allowed an earlier appeal from the judgment of the Circuit Court at Tema. The whole case concerned a piece of land situated at Tema. The facts which gave rise to the litigation were as follows: The land in dispute belonged to the Tema Development Corporation, hereinafter referred to as the TDC. The evidence on record showed that it was leased to W. C. Tandoh of West Coast Dying Industries Ltd. He rented it to the respondent who shall hereafter be referred to as the plaintiff. He later sold his interest in the land to the plaintiff. The plaintiff then proceeded to register it at the Lands Commission. The interest of Tandoh dated from 1st August 1974. Therefore, his interest which he sold to the plaintiff was dated from the same 1st August 1974. The land sold to the plaintiff consisted of three plots which were numbered as LI 1, 2 and 3. The plaintiff put up factories on two plots, leaving t...