[2012]DLCA5055 • February 16, 2012 • Court of Appeal
AMARH NMAI BOI & 2 ORS. vs. ADJETEY ADJEI & 12 ORS.
The plaintiffs, siblings, claimed ownership of disputed land purchased by their late father in 1961 from the Acting Mankralo of Teshie. They presented an indenture and a registered Land Title Certificate issued in 2007. The defendants entered the land and constructed unauthorized structures, prompting the plaintiffs to sue for declaration of title, recovery of possession, damages for trespass, and injunction. The defendants denied the purchase in plaintiffs' names, alleged forgery and fraud in the Land Certificate, and claimed the suit was barred by limitation due to their long possession.
read moreKUSI-APPIAH, J.A.: This is an appeal from the decision of the High Court, Accra given on 2nd June, 2010 per Ofosu-Quartey J. by which the learned judge entered judgment for the plaintiffs/respondents (hereinafter called the Plaintiffs) against the defendants/appellants (hereinafter called the defendants) and decreed title in the disputed land in the plaintiffs. The case of the plaintiffs as gathered from their pleadings and especially evidence at the trial, is that they are siblings. They contended that the disputed land was purchased in their name by their late father, Ebenezer Nmai Boi in 1961 when they were minors from Nii Klu Din, the then Acting Mankralo of Teshie. They claim that the acquisition was evidence by an indenture executed on 22nd December, 1961 which was registered at the Lands Commission Secretariat as No. 3825/1985. The plaintiffs aver further that soon after the purchase, they entered into possession and exercised overt acts of ownership over the disputed l...