COMFORT OFFEIBEA DODOO (SUBSTITUTED BY VIVIAN ANKRAH) vs. NII AMARTEY MENSAH (SUBSTITUTED BY DAVID OBODAI & ORS.)

The plaintiff, Comfort Offeibea Dodoo, as surviving executrix and beneficiary under the will of the late Mercy Naa Aponsah, claimed title to a parcel of land at Amasaman covering approximately 229.67 acres. The plaintiff alleged longstanding possession and ownership through her ancestors and settler farmers, with evidence of overt acts of ownership including land demarcation, collection of rents, and establishment of villages and cemeteries. The defendants, descendants of Nii Tetteh Mensah, claimed ownership based on ancestral settlement since 1910. The dispute arose after the defendants registered part of the land, leading to claims of trespass and destruction of crops by the plaintiff.

DOTSE, JSC:- INTRODUCTION This is an appeal from the Judgment of the Court of Appeal Coram Gyaesayor, Aduama Osei, and Dzamefe J.J.A dated 12th May, 2016. Being dissatisfied with the judgment, the Defendants/Appellants/Appellants, hereafter referred to as Defendants have filed this appeal to the final appellate court through a notice of appeal dated 22nd June, 2016. RELIEFS CLAIMED BY THE PLAINTIFF IN THE HIGH COURT The Plaintiff/Respondent/Respondent, hereafter referred to as the Plaintiff by its amended writ of summons claimed against the Defendants the following reliefs: a) Declaration of title to all that piece or parcel of land situate and being at Amasaman and bounded on the North by the properties of Kofi Adjiri, on the South by the property of Kpakpo-Oti, on the East by the property of Otoo Kwao and on the West by the property of Nii Armah and covering an area of 229.67 acre more or less and indicated on a site plan edged Red and showing the measurements. b) Damages for t...