[2011]DLCA3184 • December 22, 2011 • Court of Appeal
GABRIEL H. O. THOMPSON vs. COMMANDER BAFFOE-MENSAH AND OTHERS
The Plaintiff/Appellant leased two plots of land from the Chief and family of Odupon Ofankor for 99 years, paying the family for the lease. The Defendant and others were alleged to have trespassed on the land, destroyed property, and claimed ownership through a grant from the Stool via an indenture executed in favor of the Defendant's uncle, Emmanuel OsciAkoto. The Plaintiff alleged fraud and mistake in the execution of the Defendant's title documents and sought damages, injunctions, and declaration of ownership.
read moreJUDGMENT APALOO,JA: On 6th September 2002 the Plaintiff/Appellant (to be referred to as Plaintiff) took out a writ of summons at the Circuit Court Agona Swedru against the Defendant/Respondent (also to be referred to as Defendant) claiming inter alia the following reliefs; "1. An order directed against the Defendant for refund of an amount of $4,773,000 now G1/4477.30 being the value of damage caused to his property plus interest at the prevailing bank rate. 2. General damages for trespass. 3. Perpetual injunction restraining the Defendant, his agents, servant etc to desist from directly or indirectly interfering with Plaintiffs development, possession and occupation of the land, and not to enter the land for any reason whatsoever and further not to threaten Plaintiff until final determination of the suit." After a full trial, judgment was entered against the Plaintiff and being dissatisfied a notice of appeal was filed with 9 grounds of appeal and 4 additional grounds by leave o...