MARK OFEI ANTWI vs. JOHN KWAKU MORTEY

MARIAMA OWUSU, J.A: On 8 – 1 – 2009, the High Court, Accra gave judgment for the plaintiff in this case against the defendant. The court held among other things as follows: “Having found that Exhibit 1 is tainted with fraud and that the defendant did not enter the land in 1991 but in 2007, his occupation of the land cannot be protected under Act 2 since in 2007, when he entered the land, there was a fence wall around the land. The plaintiff also presented his title deeds to the Land Registry as far back as 1994. An injunction order had also been served on the defendant but he ignored it and continue to build. I therefore enter judgment for the plaintiff as follows: a. Declaration of title to the land as described in the writ of summons. b. Recovery of possession of the said land. c. An order of perpetual injunction restraining the defendant, his agents, servants, etc from the land described in the writ. d. The plaintiff is at liberty to demolish all structures on the l...