BENJAMIN QUAYE vs EMMANUEL MENSAH

JUDGMENT The plaintiff, Benjamin Quaye, filed suit in the High Court against the defendant, Emmanuel Mensah, for declaration of title to land, recovery of land, order for demolition of the fence wall erected by the defendant and a perpetual injunction to restrain defendant from interfering with the land in dispute. In the accompanying statement of claim, plaintiff asserted that he was the son and customary successor of the late Felicia Aborsey, (hereafter referred to as the deceased) while defendant was a trespasser on a parcel of land that belonged to the deceased. According to plaintiff the deceased purchased the land in dispute from the late E.A. Aryeequaye in 1975 at the cost of GHC600.00. Before this purchase the deceased had conducted a search which disclosed that her vendor had registered his interests in the land in dispute and same had been indexed as number 1868/1975. Plaintiff further claimed that the deceased was issued with a receipt dated 7th May 1975 for payment of t...