ANTHONY WIAFE vs. DORA BORKAI BORTEY AND VICTORIA AMOO

The plaintiff claimed title and possession of a parcel of land at Baatsonaa, Accra, granted by the Nungua Stool through Nii Odai Ayiku IV and registered with the Lands Commission. Due to a chieftaincy dispute, initial registration was denied, leading the plaintiff to obtain a grant from a rival claimant, Nii Wulenchi III, which was registered. The defendants claimed ownership through purchase from Nii Sango, who allegedly had customary rights and had allowed squatters on the land. The defendants fenced the land after evicting squatters via court order. The plaintiff trespassed by depositing materials on the land, prompting police reports and this suit. The High Court and Court of Appeal ruled in favor of the plaintiff, affirming his title and registration.

BENIN, JSC: The plaintiff/respondent/respondent, hereafter called the plaintiff, sued out a writ of summons at the High Court, Accra against the defendants/appellants/appellants, hereafter called the 1st and 2nd defendants respectively, claiming these reliefs: (1) Declaration of title to all that piece or parcel of land situate, lying and being at Baatsonaa, Accra, covering an approximate area of 0.182 acre and bounded on the northeast by a proposed road measuring 122 feet 1 inch more or less, on the south-east by stool land measuring 44 feet 6 inches more or less, on the north west by a proposed road measuring 91 feet 2 inches, and on the south by stool land measuring 117 feet 2 inches-which piece or parcel of land is more particularly delineated on a site plan, as per indenture registered as No. 32000/312C/08 and stamped as AR/1426C/2008. (2) Recovery of possession of any portion of the land being falsely claimed by defendants. (3) General damages for trespass. (4) An order of ...