[2015]DLCA8311 • March 26, 2015 • Court of Appeal
MARINA HOTEL LTD vs. STEPHEN OFOSU MENSAH
This appeal which is taken from the judgment of the High Court (Fast Track Division) dated the 23rd of July 2010 raises one fundamental legal issue. That issue is this: with the subsistence of E1 75, the instrument that vested the land in dispute in the State, which of the parties in this case has a better title to the land? The plaintiff who is the appellant herein in the Notice of Appeal formulated one ground which is that the judgment was against the weight of evidence adduced at the trial. However pursuant to leave granted the appellant on the 12th November 2013, ten additional grounds of appeal were filed. Upon examination of the record of appeal it does apear that all the grounds of appeal seek to address the ultimate issue, as to which of the parties had a better title to the land in dispute. I shall therefore in this appeal address the fundamental issue so identified and stated above. From the record of appeal there is no dispute that the land the subject of this case was acq...