ADOLPH TETTEH ADJEI vs. ANAS AREMEYAW ANAS & HOLY QUAYE

The Plaintiff claimed title to a 2-acre parcel of land at East La Dadekotopon, Greater Accra, alleging acquisition via sublease from La Hillsview Development Limited, which had a lease from East Dadekotopon Development Trust (EDDT). The Plaintiff was issued Land Certificate No. GA 46455 in 2015 and took possession. The Defendants denied the Plaintiff's claim, asserting customary ownership through the Ataa Tawiah Tsinaiatse and Numo Ofoli Kwashie families, alleging fraud in the Plaintiff's root of title and challenging the validity of the EDDT's title and related consent judgments. The Defendants counterclaimed to set aside the Trust Deed and consent judgments as fraudulent. The High Court ruled in favor of the Plaintiff, granting all reliefs and dismissing the counterclaim. The Defendants appealed.

JUDGMENT ARCHER, J.A: This is an appeal from the decision of the Land Court, Accra, dated 4th May 2023. The facts of the case relevant to this appeal are as follows: On 8th March 2017, the Plaintiff/Respondent (hereafter called the Plaintiff) commenced this action against the Defendants/Appellants (hereafter called the Defendants) for: “a. A declaration of title to all that piece or parcel of land in extent 2.00acres (0.18 hectares) more or less and bounded on the North East by land measuring 267.4 feet more or less and on the South East by proposed road measuring 294.6 feet more or less on the South West by land measuring 296.9 feet more or less on the North West by land measuring 298.3 feet more or less and situate at East La Dadekotopon in the Greater Accra Region of the Republic of Ghana. b. Damages for trespass to Plaintiff’s land described above c. Recovery of possession of the Plaintiff’s land aforesaid d. Perpetual injunction against the Defendants, their servants...