[2012]DLCA4933January 12, 2012Court of Appeal

JAMES OKPATA vs. DR. R. A. M. HAMMOND

MARIAMA OWUSU, J.A. On 25-6-2009, the High Court, Accra dismissed the Plaintiff’s claim in which the latter was seeking Declaration of Title to one and half (1½) acre land at Kponkpo, Perpetual Injunction restraining the defendant from claiming the said land from the plaintiff and Recovery of Possession. The court also refused to grant the defendant his counterclaim seeking an Order for the immediate ejectment of plaintiff from his land. Dissatisfied with the decision of the court, the defendant appealed to this court. The Grounds of Appeal are: 1. The judgment of His Lordship cannot be supported in law having regard to the evidence. 2. Further grounds of appeal will be filed on receipt of the record of proceedings. The Relief sought from the court: 1. Ejectment of respondent for challenging appellant’s title. Before going into the arguments canvassed in support of this case, I will like to give a brief background of this case. The plaintiff issued this Wri...