[2010]DLCA7833May 20, 2010Court of Appeal

BENJAMIN QUARCOPOME SACKEY (PLAINTIFF/APPELLANT) vs. ISSAKA A. MUSA (DEFENDANT/RESPONDENT)

KUSI-APPIAH, J. A.: This is an appeal against the judgment of the Circuit Court, Accra dated 1ST November, 2005. By his amended writ of summons, the plaintiff claimed against the defendant for: “(1) Declaration of title (2) Damages for trespass (3) Injunction restraining the defendants and his privies from interfering with the land, the subject matter of suit, (4) Recovery of possession of the land described in paragraph 2 of the amended Statement of claim and defence to counterclaim.” The defendant denied the plaintiff claim and counter-claim as follows: “(a) Declaration of title to all that piece or parcel of land with a building lying situate and being at Abeka within the MULCOSE lands and bounded on the north by Nokoi Olai stool family lands … which said piece or parcel of land is attached to the indenture of a lease dated 8/3/1986 and stamped as AC 2318/86. (b) An orde...