[2023]DLCA17743 • June 29, 2023 • Court of Appeal
DR. DOMINIC K. OBENG-ANDOH vs. HAROLD ADDO KOFI MINTA
The Respondent sued for declaration of title to 0.32 acre land at Aplaku, Accra, seeking recovery of possession, damages for trespass, and perpetual injunction. The Appellant also claimed title to the same land. Both parties filed witness statements and documents to support their claims. The dispute centered on the authority to alienate the land, specifically whether certain individuals had the right to sell the land on behalf of the Aplaku Stool.
read moreJUDGMENT ANTHONY OPPONG,JA: Plaintiff/Respondent (hereinafter to be referred to as Respondent) sued for declaration of title to a piece of 0.32 acre land situate at Aplaku, Accra. In addition, Respondent sought the usual ancillary reliefs of recovery of possession, general damages for trespass and perpetual injunction. Defendant/ Appellant (hereinafter to be also referred to as Appellant) also laid claim to title to the same land size of 0.32 acre situate at Aplaku, Accra. The parties having joined issues by their pleadings for the determination as to who has better title to the disputed land, the court below directed the mode of trial at the application for direction. Subsequently, case management conference was conducted whereby both parties expressed their solidarity with the respective witness statements and the relevant documents they had filed and would rely on for the purposes of the trial of the case. It must be remembered that under the current civil litigation proced...