ERNESTINA OWUSU FRIMPONG vs. MR. BINEY & MRS. JANET BINEY

BARBARA ACKAH-YENSU, JA The fundamental issue for determination in this appeal, in our opinion, is whether or not the layout of the land in dispute is the same in the old documents covering the land as in the new documents which were prepared by the Lands Commission after the Parties had purchased land from the same grantor. The genesis of this case is that the Plaintiff/Appellant (hereinafter simply referred to as “the Plaintiff”) sued the Defendants/Respondents (also to be referred to as “the Defendants”) in the District Court sitting in Elmina, for a declaration of title, damages for trespass and ancillary reliefs. The Defendants also counterclaimed for similar reliefs and the trial was conducted by the Parties themselves without the benefit of Counsel, although they filed pleadings. The trial Magistrate dismissed the Plaintiff’s action and gave judgment for the Defendants on their counterclaim on 21st February, 2008 (see page 80-82 of ROA). Being aggrieved by this dec...