STEPHEN DIAWUO vs. INDUSTRIAL PROJECT GH. LTD.

MARFUL-SAU, JA: - This appeal is taken from the judgment of the High Court sitting in Accra dated the 19th December 2008. The court entered judgment for the plaintiff who will be referred to as respondent in this judgment. The court then dismissed the counterclaim of the defendant who will be referred in this judgment as the appellant. The facts of the case are that the respondent registered two plots of land at the Land Title Registry and was issued the requisite Land Certificates. From the record the respondent was issued certificate numbers GA 20656 and GA 20568 for the two plots. The certificates were issued on the 14th October 2004 and 5th November 2004 respectively. From the pleadings and evidence the respondent acquired the two plots from the Ocansey family. The respondent therefore claimed that if the appellant had any land in the area of dispute at all that land did not extend to his land as registered at the Land Title Registry. The respondent thus sued for declaration of...