[2009]DLSC2496 • January 21, 2009 • Supreme Court •
JAAS CO. LIMITED vs. EDWARD APAU AND MADAM AKUA ACHEMPOMAA
The 1st appellant company and its co-plaintiff sued in the High Court for declaration of title, damages for trespass, recovery of possession and injunction in respect of land at North Odorkor. Their case was that the company bought the land from the 2nd appellant, who claimed title through an earlier successful land litigation, namely Ashaley Okoe v Togbe Hahormene III & Anor. The respondents denied the appellants’ title, asserted that the land was acquired from the Asere Stool, and counterclaimed for title and consequential reliefs. The decisive factual weakness in the appellants’ case was that the 2nd appellant disowned the site plan tendered by the 1st appellant as the document allegedly given upon the sale, thereby undermining identification of the land claimed. This appears from the judgment where the court recounts the cross-examination at page 45 lines 24–30 of the record and concludes that by that statement the 2nd appellant 'dealt a devastating blow to the case of the 1st Appellant.'
read moreJONES DOTSE (J.S.C) The facts in this appeal admit of no controversy whatsoever. The Plaintiff/Appellant and Co-Plaintiff/Appellants hereinafter referred to as the 1st and 2nd Appellants claimed in their amended writ of summons in the High Court, against the Defendant/Respondent and later the Co-Defendant/Respondent hereinafter also referred to as the 1st and 2nd Respondents respectively, the following reliefs: “Declaration of title to all that piece of land at North Odorkor measuring on the North West by 300 feet more or less, South East by 70 feet more or less, North East by 70 feet more or less and South West by 70 feet more or less. Damages for trespass. Recovery of Possession and Injunction” The 1st Appellant’s claim is that, he purchased this piece of land for valuable consideration from the 2nd Appellant. The 1st Appellant further contended that his vendor, the 2nd Appellant, was adjudged victorious in Civil Appeal No. 25/80 entitled ASHALEY OKOE VRS TOGBE H...