[2019]DLHC9013 • May 21, 2019 • High Court
FELIX SETH QUARTEY vs. MATTY ROSELYN ARTHUR AND MR. LESLIE
At the Application for Directions stage, counsel for the Defendants filed three additional issues. The third issue was: “whether or not the Plaintiff’s action was caught by the Statute of Limitations Act, 1972, N.R.C.D 54 and the doctrine of laches and acquiescence.” The Court therefore set this issue down as a preliminary issue for determination. The Plaintiff’s case is that he acquired a large tract of land measuring 4.76 acres from the Nii Owoo Family in 1988. He went into possession by clearing the land and mounting pillars around it. He also caused his interest in the land to be registered at the Lands Commission as evidenced by a search report attached to his application for injunction. Plaintiff further claims that he gave a section of the land to one Felix Gyamfi but has exercised various acts of ownership over the remaining part. According to the Plaintiff, he first discovered the presence of 1st Defendant on the land in dispute in 2012. She had then put up a sh...