[2010]DLCA3194October 29, 2010Court of Appeal

KOFI BOATENG SIRIBOE vs. KWADWO FORDJOUR

F.G. KORBIEH, J.A. The Appellant herein was originally sued at the Ejisu-Juaben Community Tribunal on the 15/10/2001 by the Respondent herein for two reliefs which were (a) recovery of possession and declaration of title to house number JB.352A, Juaben-Ashanti and (b) general damages for unlawful entry and destruction of the respondent’s properties. The trial tribunal ordered the parties to file pleadings following which the Respondent filed a statement of claim in which he detailed his claim against the appellant as follows: the plot in dispute was originally acquired by the respondent’s uncle (called Opanin Kwabena Gyimidi); the plot shared a common boundary with the property of the late father of the Appellant called Opanin Kwasi Manu; the Respondent “operated a beer bar in a structure on Op. Gyimidi’s plot” which was “numbered JB. 352A whilest (sic) that of Op. Manu’s is marked JB352A”, in the course of time Op. Gyimidi gifted his plot to the Respondent by a dee...