[2019]DLCA8681 • July 17, 2019 • Court of Appeal
GRACE KAKI ASEM vs. FRANCIS AGYEMANG AND MISBAHA MOHAMA
The Plaintiff, Grace Kaki Asem, claimed ownership and sought declaration of title, recovery of possession, injunction, and damages for trespass regarding two plots of land (Nos. 62 and 64) at North Teshie. She alleged selling plot 64 to the 1st Defendant, Francis Agyemang, who failed to formalize the lease and encroached on plot 62 by erecting a structure. The 2nd Defendant, Misbaha Mohama, was alleged to have encroached on plot 64. The 1st Defendant claimed he purchased plot 62 and developed it without opposition, transferring part to a third party. The 2nd Defendant claimed ownership of plot 66, separated from plot 64 by a drain.
read moreAVRIL LOVELACE-JOHNSON (JA): The Plaintiff/Respondent’s claim against the Defendants at the Circuit Court was for the following reliefs: 1. A declaration of title to all that piece or parcel of land situate, lying and being at North Teshie more particularly known as plot F. 62 and 64 bounded on the north by a proposed Land measuring 100ft more or less on the East by plot 63 and 65 measuring 270ft more or less on the South-West by a proposed Road measuring 40ft more or less on the South by a Proposed Road measuring 70ft more or less on the West by a Proposed Road measuring 250ft more or less and containing an approximate area of 0.63 acres more or less and which piece or parcel of land is more particularly described for the purpose of identification delineated on the pan attached to the lease dated the 4th day of August, 1979, and registered as Land registry No. 344/982. 2. Recovery of Possession. 3. Perpetual Injunction to restrain the Defendants their successors, admini.....