NANA SARBENG DIAWUO vs. MR. OPOKU

AYEBI J.A. 1. This appeal is against the dismissal of the plaintiff/appellant’s claim against the defendant/respondent by a Sunyani High Court in its judgment dated 14th April, 2005. 2. At the High Court, the plaintiff/appellant (hereinafter called the plaintiff) claimed against the defendant (hereinafter called the defendant) the following reliefs: (a) Declaration of title, recovery and possession of all that piece and parcel of building plot, lying, situate and being at Sunyani and numbered Plot No.31, Penkwasi, Sector 3, Block “C”. (b) General damages for trespass unto the building plot under reference. (c) An order of perpetual injunction, restraining the defendant, the agents, servants, assigns, privies etc from dealing and interfering in any way whatsoever with the building plot in dispute. 3. The plea of the plaintiff in support of this claim is that one Opanin Badu, since deceased, transferred his interest absolutely in the plot to him and in 1973 the necessary docu...