[2016]DLCA7986April 21, 2016Court of Appeal

NUUMO KLOTIA AKPOR, SAMUEL OKPOTI ADJEI, OYARI ACCRA, DANIEL AKOTA ASARE, NANA & MRS. AWUKU SAKYI, DIANA WILSON, ANGELO R. ADUKURE AND THE EXECUTIVE SECRRETARY, LANDS COMMISSION, ACCRA. vs. PATRICK KUNTOR

F.G. KORBIEH, J.A. This appeal emanates from the judgment of the High Court, Fast Track/Automated Division dated 31/3/2015. It is interesting and also significant to note that the case is coming to this Court for the second time. When it first came to this Court (differently constituted) a trial de novo was ordered so the case went back to High Court for retrial. It is as a result of that retrial that this current appeal has been launched. So I will start with a recap of the facts leading to this appeal. On the 14/1/2008, the plaintiff/respondent (hereinafter referred to as the plaintiff or respondent) filed a writ of summons against the seven defendants named above asking for the following reliefs: (i) A declaration of title to a piece or parcel of land (whose boundaries were described) measuring an approximate area of 37.6 acres at Oyarifa in the Greater Accra Region. (ii) A declaration that the decision of the 5th defendant to register the land in her name is fraudulent. (iii)...