ADDAE AIKINS v. DANIEL DAKWA

AYEBL JA This is an appeal against the judgment of an Accra Land Court Division of the High Court by the plaintiff as the appellant.

In the said judgment delivered on 12"" October, 2010, the trial court dismissed the claim of the plaintiff as endorsed on the writ of summons.

The claim of the plaintiff as per the amended writ of summons was for: (a) Declaration of title to land ¨ (b) Recovery of possession of land lying at Dzorwulu, Accra as described in the schedule. (c) Damages in the schedule, the land is described as "All that piece or parcel of land situate at Dzorwulu, Accra and bounded on the North West by proposed road measuring 87 feet more or less, on the South East by vendors land measuring 85 feet more or less, on the North East by stool land measuring 60 feet more or less, on the South West by a road measuring 20 feet more or less and covering an approximate area of O.OSacre and is more particularly delineated on the site plan attached hereto and therein shown edged pink together with all appurtenances" The plaintiff who says he is resident in Canada sued per his attorney Robert Frank Ansah who never showed up at the trial.

It is the plea of the plaintiff that he acquired this land from one Ernest Augustt in 1984 by purchase.

This Ernest Augustt also acquired the land from Madam Rebecca Ashiokai Nortey in 1976.

It is the evidence of the plaintiff that originally this land was 0.23acre in size donated to Madam Rebecca Ashiokai Nortey in 1961 by the Osu Stool.

But then the construction of the Dzorwulu-Achimota road took part of the land for which Madam Nortey claimed and was paid compensation.

So what was left of the original 0.23acre was the 0.09acre he acquired from his vendor.

Plaintiff tendered the indenture executed in his favour by his vendor as well as documents showing his vendor's root of title.

On acquisition of the land plaintiff said he took possession by constructing a two-course fence wall around it and then a platform intended as a foundation for a hotel on the land itself.

He then placed a caretaker on the land and left for his base in Canada In 1991 plaintiff said he initiated the process to register the land at the Land Title Registry but discovered that one Maanan Mills was also laying claim to the land.

In its effort to determine ttieir rival claims, the Land Title Adjudicating Committee ordered a government surveyor to make a composite plan using their respective plans.

But the sitting of the Committee came to a h