[2018]DLCA4960 • February 1, 2018 • Court of Appeal
PETER KWABENA ACHEAMPONG vs. YAW APPIAH SARPONG AND DESMOND ADDO BINEY
The plaintiff, a lecturer, alleged he purchased a parcel of land at Nungua New Town, Accra, in 1981 from the Nungua Mantse in the name of his son, Kwame Nkrumah, who was a minor at the time. He claimed beneficial ownership, possession, and constructed a four-bedroom house. In 2001, he found the building demolished and the land cleared. The defendants denied his claims, asserting the first defendant bought the land from the Klanaa Quarter of La in 1997, which had a judgment recognizing their title. The plaintiff sued for declaration of title, recovery of possession, damages for trespass, and injunction.
read moreAGYEMANG JA: In this appeal against the judgment of the High Court (Land Division) Accra, delivered on the 11th day of January 2011, the plaintiff/appellant (hereafter referred to as the plaintiff), seeks a setting aside of the judgment of the court below that entered judgment for the defendant/respondent (referred to hereafter as the defendant). The appellant prays that judgment be entered for him instead. These matters are antecedent to the appeal. The plaintiff, a lecturer at the University of Cape Coast, on the 12th of August 1981, allegedly purchased a parcel of land more particularly described as situate, lying and being at Nungua New Town- Accra Ghana and “bounded on the North-East by Mr. Abu’s property measuring 105 ft. more or less, on the South East by a proposed road measuring 800 ft. more or less, on the South West by Nungua Stool Land measuring 102 ft. more or less and on the North West side by Nungua Stool Land measuring 80 ft. more or less and containing an approx...