YAMAHA AMA KWABUA (DECEASED) vs. ALHAJI TANKO MOHAMMED AND ANOTHER.

ANTHONY OPPONG,J.A. In 1997, one Yamaha Ama Kwabua caused a writ of summons to issue against the 1st defendant at the Circuit Court, Koforidua. While the matter was pending, the plaintiff died and since the cause of action survived her, by an application filed somewhere in the year 2000 one Veronica Acheampong substituted for the deceased plaintiff. The reliefs plaintiff sought were declaration of title to all that piece or parcel of land situate at Sector 3, Block 1, Plot No. 111 in the New Juabeng District covering an approximate area of 0.37 acres and bounded by Plot Nos. 112, 109/110 and an open space and perpetual injunction against the defendant and his privies. The factual basis of plaintiff’s claim as gleaned from the record was that in 1979 her husband acquired the land from the Lands Commission, Koforidua who prepared a lease that was duly registered as ER. 518/79 in her favour. Then somewhere in 1986, one Mr. B. A. Bediako alleged that plaintiff’s acquired land c...