SAANBAYE BASILDE KANGBEREE vs. ALHAJI SEIDU MOHAMED

The plaintiff, acting through his lawful attorney Theresa T. Kangberee, claimed title to a parcel of land at South Ofankor, recovery of possession, trespass, damages, demolition of structures, and injunction against the defendant. The plaintiff’s case was that he acquired the land through a chain of conveyances ending in a conveyance from Emmanuel Yaw Nkrumah dated 8 August 1988, and later obtained Land Title Certificate No. GA 17008. He asserted that he had gone into possession by fencing the land, digging a tank, and depositing building materials, but later discovered that the defendant had entered the land and commenced construction. The defendant claimed title through a different chain ending in a purchase from Mr. and Mrs. Marcus, contending that he had searched the land, found his vendors’ interest, and developed the land substantially. The central dispute was whether both parties claimed the same land and, if so, whose root of title was superior. Portion of judgment: “According to the plaintiff, the land in dispute was conveyed to him by one Emmanuel Yaw Nkrumah on 8th August, 1988… The plaintiff also succeeded in registering his title documents… at the Land Title Registry… as Certificate No. G.A. 17008… The defendant averred that he acquired the land in dispute from Mr. and Mrs. Marcus… After he purchased the land, the defendant claimed to have commenced occupation of same and has since developed the land to an appreciable level.”