ISAAC OSEI SAFO (PLAINTIFF/RESPONDENT) vs. SAMUEL KWAME SACKEY (DEFENDANT/APPELLANT)

KUSI-APPIAH, J.A.: This is an appeal against the judgment of the High Court (Fast Track), Accra dated 19 May, 2008. The facts giving rise to this action are very simple. The Plaintiff sued the Defendant for aggravated damages for demolishing his almost completed house at Amrahia near Accra and also for an order of perpetual injunction. Evidence on record indicates that Plaintiff who lives and works in Germany mandated his father Opanin Kwadwo Safo to look for a piece of land for the purposes of putting up a dwelling house. In pursuance to this request, the father got this land from Nii Amoafio II, Head of the Nii Arma Okromansa family of Amrahia with the consent and concurrence of the principal members of the said family somewhere in 2001. This piece of evidence is supported by an indenture dated 2nd February, 2001 and tendered as Exhibit “G”. According to the Plaintiff construction of the building commenced from December 2001 and was roofed in 2005. The Plaintiff averr...