[2018]DLCA5253 • March 29, 2018 • Court of Appeal
AKWESI AMANKWA EVANS vs. KOJO PREMPEH
The plaintiff/respondent claimed title and possession of a disputed land granted by the Onamrokor Adain family, supported by an indenture and judgment in favor of his grantors. The defendant/appellant claimed acquisition by customary grant from the James HansenSackey family in 1983, with continuous occupation and improvements on the land. The appellant denied the respondent's title and relied on a disclaimer issued by the head of the respondent's grantor family in 1964. The trial court found the land belonged to the Onamrokor Adain family and that the appellant was a trespasser despite his occupation.
read moreSUURBAAREH, J.A. Per his writ of summons of 17th November, 2012, the plaintiff/respondent claimed against the defendant/appellants the following reliefs: a. A declaration of title to a piece of land particularly described in a schedule, b. Perpetual injunction against the defendant and all persons claiming by or through him from interfering with the land, c. Damages for trespass and, d. Recovery of possession. In support of the above reliefs, the plaintiff/respondent, called respondent hereinafter, averred that he acquired the disputed land from Arthur Hammond Tetteh Quarcoo, head and lawful representative of the Onamrokor Adain family. According to the respondent, he was earlier granted the land in 1999 by the then head of family, Paul Ayitey Tettey, but no document was issued to him. The defendant/appellant, simply referred to hereinafter as the appellant, not only denied the respondent’s claim, but went on to contend that he acquired the disputed land in 1983 from.....