OPANIN E. K. AGYARKWA vs. JAMES FOLAGIN, ESTHER FOLAGIN, WILLIAM FOLAGIN, MADAM ABENA KUMAH AND BORTEFIO MENSAH

KOTEY, JSC:- Introduction On the face of it, this case is an appeal from the judgment of the Court of Appeal, dated 23rd May, 2018. The case had actually commenced in 2008 when the Plaintiff/Appellant/Respondent (the Plaintiff) brought an action against the Defendant/Respondent/Appellant (the Defendant) claiming the following: i. “Declaration of title to all that land situated and lying and being at Adamorobe on the Dodowa road containing an approximate area of 6 plots and bounded on the South by Accra-Oyibi main road on the East by the (Plaintiff’s) family land and on the North by (Plaintiff’s) family land and on the West by (Plaintiff’s) family land. ii. Damages for trespass iii. Recovery of possession iv. An order of perpetual injunction to restrain the (Defendant), his agents, privies, assigns and servants from entering into or in any way disturbing the (Plaintiff’s) family’s possession of the said land”. The Defendant, who was the only Defendant in that acti...