[2017]DLCA5097 • March 27, 2017 • Court of Appeal
ROBERT OFORI APPIAH vs. THERESA ARKO
The plaintiff claimed to have acquired 24 plots of land from Nai Odupon Awushie, head of Anona family and chief of Odupong Ofankor in July 2001 for 99 years, registered in 2006, and assigned 18 plots, leaving 6 plots in dispute. The defendant was found trespassing on these 6 plots. The plaintiff issued a writ claiming declaration of title, recovery of possession, damages, injunction, and costs. The defendant counterclaimed, asserting prior purchase and possession of the land. The trial court dismissed the plaintiff's claim and ruled in favor of the defendant's counterclaim, awarding costs against the plaintiff.
read moreHONYENUGA, J.A. This is an appeal by the plaintiff/appellant (hereinafter referred to as the plaintiff) against the judgment of the High Court, Cape Coast, dated the 31st day of July, 2015. The said court entered judgment in favour of the defendant/respondent (hereinafter called the defendant) on her reliefs claimed. Costs of GH¢10,000.00 was awarded against the plaintiff. The facts of this appeal were that the plaintiff claimed to have acquired a total of twenty-four (24) plots of land from Nai Odupon Awushie the head of Anona family and the chief of Odupong Ofankor in July 2001 for a period of ninety-nine (99) years. He registered the land in 2006 and assigned eighteen (18) plots to others leaving six (6) plots that are in dispute. He discovered acts of trespass in 2006 and in 2007 and so he undertook a search which revealed that the trespasser which later turned out to be the defendant did not acquire the land in dispute and despite all warnings to her, she persisted. Unab....