ERNEST EKLU MENSAH vs. PAUL KOFI PEPRAH

The Plaintiff purchased a parcel of land at Aboasa, Accra, in 2006 from the allodial owners, the Nii Owoo family of Faase, evidenced by an indenture. He constructed an 8-bedroom house on the land. In 2011, court processes were posted on the Plaintiff's property, and it was revealed that the Defendant's son had leased a different portion of the family land. In 2013, the Plaintiff's house was demolished pursuant to a Writ of Possession issued from the High Court following a judgment in favor of the Defendant's son. The Plaintiff sued the Defendant claiming title to the land, wrongful demolition, recovery of possession, damages, and injunctions. The Defendant denied the claims, asserting lawful acquisition and possession by his son and counterclaimed that the matter had been adjudicated and should not be relitigated.

AMMA A. GAISIE J.A: This appeal is against the judgment of the High Court (Land Division) dated the 21st day of October 2016 whereby the learned trial judge entered judgment in favour of the Plaintiff/Respondent. It is the Plaintiff’s case that they purchased a parcel of land at Aboasa, a suburb of Accra, in the year 2006, from the allodial owners, the Nii Owoo family of Faase. The transaction was evidenced in writing by the execution of an Indenture. The Plaintiff, immediately went into occupation and constructed an 8-bedroom house on the said land. In 2011 he saw that court processes being a Writ of Summons and Statement of Claim had been posted on the wall and when he enquired from his grantors, they admitted leasing a portion of the family’s land in the same area to the Defendant but explained that the land leased to Gerald Peprah the Defendant’s son was different. The grantors promised to deal with the matter and informed Plaintiff that they had entered ap...