[2024]DLSC17723June 19, 2024Supreme Court

EMMANUEL JUSTUS BRIANDT VS. NANA KWASI ANKRAH III

The Plaintiff, Emmanuel Justus Briandt, claimed ownership of approximately 1.64 acres of land at Springfield, Peduase, granted by the Asona Family of Kitaase in 2009 and confirmed by a deed in 2010. The Defendant, Nana Kwasi Ankrah III, disputed this, asserting prior grants and ownership rights, alleging the Plaintiff's claim was based on invalid documents. The Plaintiff alleged wrongful interference by the Defendant, including demolition of fencing and obstruction of development on the land.

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JUDGMENT GAEWU JSC : INTRODUCTION a. My Lords, this is an appeal against the judgment of the Court of Appeal dated 22nd day of July 2021 which partially affirmed a judgment of the High Court, Koforidua dated 11th December 2019 granting the defendant/respondent/ respondent (hereinafter referred to as “the Defendant”) perpetual injunction, order directed at the Lands Commission, Koforidua, to expunge and delete from its records any purported registration made at the instance of the plaintiff herein, recovery of possession, general damages for trespass and legal fees and costs against the plaintiff/appellant/ appellant (hereinafter referred to as “the Plaintiff”). BACKGROUND The Plaintiff by a writ of summons issued and filed on 13th March 2015 claims against the Defendant: 1. Declaration of title to all that piece or parcel of land containing an approximate area of 1.64 acres situate in Springfield locality of Peduase in the Akwapim South District bounded on the north-...