[2023]DLSC16141 • March 22, 2023 • Supreme Court •
NII AFLAH vs. BENJAMIN KWAKU BOATENG
The Respondent (Plaintiff) claimed title to a 0.29-acre land at Odorkor, Teiko Adam near Tsum, acquired by conveyance in 1989 from Stella Aso Siaw, who had leased the land since 1979. The Respondent built a two-bedroom house on the land and resided there intermittently. The Appellant obtained a judgment from the Kaneshie District Court ejecting the Respondent's tenant and claimed title to the land, alleging fraud and disputing the Respondent's ownership. The Respondent contended the Appellant's claim was fraudulent and barred by limitation, having possessed the land openly for over 12 years.
read moreJUDGMENT KULENDI JSC:- INTRODUCTION. By a unanimous decision of this Court on the 22nd day of March 2023, this appeal by the Defendant/Appellant/Appellant (hereinafter called the Appellant) against the judgment of the Court of Appeal dated 16th December 2021 failed in it’s entirety and was accordingly dismissed. In its place the judgement of the High Court, dated 24th July 2018 was thereby restored. We however reserved our reasons to be filed on a subsequent date, which we hereby deliver. BACKGROUND: The Plaintiff/Respondent/Respondent (hereinafter referred to as “the Respondent”) issued a Writ of Summons and Statement of Claim against the Appellant on 12th July, 2013 for the following reliefs: a. Declaration of title to land lying or being at Odorkor at Teiko Adam near Tsum, Odorkor with an approximate area of 0.29 acre with a house thereon and more particularly described on Plaintiff’s title documents. b. Perpetual injunction restraining the defendant herein, wh...