STEPHEN ARHIN vs. MALLAM ABU

DENNIS ADJEI, J.A.: This appeal emanates from the judgment of the High Court, Cape Coast which dismissed the plaintiff’s claim as unproved on 16th June, 2008. The plaintiff sued the defendant for: “a. A declaration of title to all that piece or parcel of land at Kasoa-Odupong-Pkehe, sector 8 Block B and described as Plot No. 182, covering an approximate area of 0.30 acres and bounded by plot Nos. 180,181,184 and proposed road. b. Recovery of possession of the said plot of land c. Damages for trespass d. Perpetual Injunction restraining the defendant, his agents, servants, workmen, assigns etc from interfering with the plaintiff’s title to the land and more particularly from continuing his trespassory etc”. The defendant entered appearance and filed his statement of defence. Even though he denied being a trespasser he did not assert ownership to the disputed property. He pleaded further that the land is neither for him nor the plaintiff. The defendant did not take part i...