EMPIRE BUILDERS LIMITED vs. TOPKINGS ENTERPRISES LTD. & 4 OTHERS

AMADU, JSC:- (1) This appeal is from the decision of the Court of Appeal pronounced on the 18th December, 2014 which affirmed in part the judgment of the High Court dated 11th June, 2003. For purposes of convenience, the parties to the appeal shall be referred to by the same description as in the Trial High Court. The Plaintiff herein, aggrieved by the decision of the Court of Appeal has appealed to this court seeking an overturn of the decision. (2) The key question for our decision in this appeal is whether the Court of Appeal correctly reevaluated the evidence on record and applied the relevant law and consequently came to the right conclusion by affirming the judgment of the Trial Court in part only. (3) BACKGROUND By a Writ of Summons issued on 24th February 1999 the Plaintiff commenced this action against the 1st Defendant for the following reliefs: a. “A declaration of title to a parcel of land situate at Adjiringano-North, Accra comprising an approximate area of 456.25 .....