[2023]DLSC17561 • December 6, 2023 • Supreme Court •
FLORENCE ATSWEI OKPEY (SUBSTITUTED BY OPHELIA YEMOKAI QUAO) vs. ROSE FOFOE OKPEY
The Plaintiff acquired a parcel of land at North West Teshie, Accra in 1988 from the Agbawe family and took possession by depositing materials and erecting a wall. The Defendant, the Plaintiff's aunt, claimed ownership based on a 1974 Deed of Gift and a 1983 Lease Agreement from the same family, alleging long possession and construction on the land. The Defendant allegedly trespassed by breaking the Plaintiff's wall and erecting a structure. The Plaintiff sought declaration of title, recovery of possession, damages, demolition of the Defendant's structure, injunction, and costs. The Defendant denied the claims, counterclaimed for title and possession, and alleged laches and acquiescence by the Plaintiff.
read moreJUDGMENT BAFFOE-BONNIE JSC: For brevity and convenience, the parties shall bear their respective designations at the trial court. The Plaintiff/Respondent/Respondent shall be referred to as “the Plaintiff” while the Defendant/Appellant/ Appellant, “the Defendant.” On 16th April, 2010 the Plaintiff caused to be issued a Writ of Summons and a Statement of Claim against her aunt, the Defendant seeking the following reliefs; a) A Declaration of title to a piece of land situate lying and being at North West Teshie, Accra and containing an approximate area of 0.34 acre and known as Plot No.88 Block D, bounded on the North West by Plot No.86 measuring 110 feet more or less, on the South East by Plot No. 90 measuring 110 feet more or less, on the North East by proposed road measuring 140 feet more or less and on the South West by Plot No.87 measuring 140 feet more or less. b) Recovery of possession c) Damages for trespass d) An order for demolition of the uncompleted single...