[2019]DLCA8676 • July 25, 2019 • Court of Appeal
BELINDA NELSON vs. GRACE BAFFOUR AWUAH (SUING PER ROBERT AWUAH)
The plaintiff, Grace Baffour Awuah, sued the defendant, Belinda Nelson, for declaration of title and recovery of possession of land at Nmai Dzorm, Greater Accra Region, claiming to have purchased the land from the Numo Sowah Djin Okpelor family and obtained Land Title Certificates. The defendant claimed ownership through purchase from the Nungua Stool and subsequent transactions with the Okpelor Sowah Djin family, alleging the plaintiff's title was null due to a prior court decision invalidating the power of attorney used in the plaintiff's purchase. The defendant counterclaimed for declaration of title and cancellation of the plaintiff's certificates.
read moreKUSI-APPIAH, (J.A.): The respondent to this appeal, Grace Baffour Awuah (hereinafter called the plaintiff) brought an action at the High Court, (Land Division), Accra against two defendants including the 2nd defendant/appellant herein, Belinda Nelson (hereinafter called the defendant) for declaration of title to pieces or parcels of land lying and being at Nmai Dzorm in the Greater Accra Region covering on approximate area of 0.261 acres. The action was discontinued against the 1st defendant, Cordelia Arthur, leaving the 2nd defendant/appellant alone as the defendant in the action. In her statement of claim, the plaintiff pleaded that she was bringing the action per Her lawful Attorney, Robert Baffour Awuah who is her husband and a retired public servant of Ghana Telecom Limited, now Vodafone Ghana Limited. Apart from the declaration, she also sought recovery of possession of the said pieces of land, general damages for trespass and cost including solicitor’s fees and an order.....