[2024]DLCA17856 • November 28, 2024 • Court of Appeal
ALHAJI BRAIMA ADAMS vs. MADAM JANET ATTAA DEFOUR & MR. KWADWO ANDREWS
The respondent purchased a plot of land originally numbered Plot No.119, New Town, Sampa, from Alhaji Braima Amadu, who had acquired it from Mr. P.Y. Bediako in 1972. The land was allegedly rezoned, changing the plot number to 122. The appellants claimed ownership of Plot No.122, asserting their father acquired it and built a house thereon over 20 years ago. The appellants also relied on an arbitration award against the respondent. The respondent sought declaration of title, damages for trespass, and injunction against the appellants' dealings with the land.
read moreJUDGMENT BAAH, J.A A. BACKGROUND 1. On 22 July 2015, the plaintiff/respondent (hereafter respondent) formally approached the Circuit Court, Berekum, Bono Region, to seek redress. He sought from the citadel of justice: (a) an order that he has title to Plot No.119, New Town, also known as Plot No.122, Sampa. (b) general damages for trespass, and (c) an order of injunction restraining the defendants/appellants (hereafter appellants), their agents, servants, workmen, assigns etc from dealing with the subject plot of land until the final determination of the suit. 2. In a statement of defence lodged with the court on 29 July 2015, the appellants denied the claims of the respondent. They raised the defences of (a) estoppel (b) laches and acquiescence (c) statute of limitation, and (d) an arbitration award. 3. In the ensuing plenary trial, the respondent testified and called one witness, namely: Alhassan Kamate (PW1). The appellant(s) testified through the 1st appellant and...