[2024]DLCA17332February 29, 2024Court of Appeal

EMMANUEL TETTEH vs. GEORGE LARBI ADDO, MR. OKO NIKOI DZANIE

The Appellant initiated proceedings claiming title and possession of a disputed land parcel based on ancestral grants and a 1917 Deed of Gift from the Asere Paramount Stool. The Respondent, joined later as the estate representative of the late Samuel Tawiah Djanie, denied the Appellant's claims, asserting lawful acquisition through purchase and adverse possession. The High Court dismissed the Appellant's claims and restrained interference with the Respondent's possession.

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JUDGMENT DR. E. OWUSU-DAPAA, J.A: INTRODUCTION [1]. My Lords, this case comes before us as an appeal by the Plaintiff/Appellant, hereinafter referred to as "the Appellant," challenging the decision rendered by the High Court (Land Division), Accra, on June 29, 2021. The details of the High Court's judgment are documented within pages 261 to 285 of the Record of Appeal (ROA) Case Background and Preliminary Matters [2]. The chronology and facts precipitating the High Court's judgment are meticulously recorded in the Appeal Record. In the interest of brevity and clarity, we succinctly recapitulate the core arguments and proceedings below. CASE BACKGROUND [3]. On May 31, 2017, the Appellant initiated legal proceedings against the first Defendant and Mr. Annan (initially named as the second Defendant), seeking various reliefs: a. Declaration of title. b. An order for recovery of possession. c. Damages for trespass. d. Perpetual injunction to restrain the Defendants, their a...