[2016]DLCA7725 • April 28, 2016 • Court of Appeal
NANA ANTI OWUSU (PLAINTIFFS/RESPONDENT) vs. ALHAJI ABDUL AZIZ (DEFENDANT/APPELLANT)
The plaintiff claimed title and possession of a parcel of land at Otinshie, East Legon, Accra, acquired through deeds of conveyance and leases from the Osae and Afutu families, asserting beneficial ownership and seeking recovery of possession and injunction against the defendant. The defendant denied ownership, claimed prior possession since 1994 through grants from the Numo Nmashie family and later the Tsie We/Kle Musum Quarter, and counterclaimed for title declaration and damages for trespass and unlawful demolition of his property. The dispute involved allegations of fraudulent grants, capacity issues regarding a minor's contract, and the effect of government acquisition of the land.
read moreMARIAMA OWUSU, J.A.: On 28th February, 2014, the High Court, Land Division, Accra, gave judgment for the plaintiff. The defendant’s counterclaim was dismissed as not proved. The trial Judge held among other things as follows: “The court concludes that the plaintiff was able to prove his reliefs against the defendant on the balance of probabilities. The court hereby enters judgment in respect of all his reliefs, except on the relief of general damages, which is refused, in order not to worsen the already bad situation of the defendant. 1. The plaintiff is hereby declared (sic) the title owner of the subject plots, better described in the leases and the land certificates Exhibits A, A1 and B and B1. 2. The plaintiff is granted leave to recover the subject lands from the defendant. 3. The defendant, his agents, assigns, workmen and all claiming through him are hereby perpetually restrained from entering the subject land, or developing it or dealing with it in any manner or for...