BENEDICTA COFIE (Lawful Attorney for Augustus Addo Aryee Allotey & Martha Allotey) vrs FRANCIS BOADI

INTRODUCTION

[1]. My Lords, the appeal before us emanates from judgment delivered by the Lands Division of the High Court sitting at Accra on 23rd November 2021. The trial judge entered judgment for the present Respondent (“the Plaintiff”) on his claim for declaration of title to land at Ablekuma, damages for trespass, rectification of the land register and injunctive relief, and dismissed the present Appellant’s counter-claim. The Appellant—who appeared in the court below as the Defendant in her capacity as lawful attorney for her sister and brother-in-law, Mr & Mrs Allotey—asks that the judgment be set aside, or alternatively varied.

FACTUAL BACKGROUND

[2]. By writ of summons issued on 21/10/ 2015 Plaintiff claims:

1. Declaration of title to ALL THAT land described in the schedule below.
2. An order directed at the Defendant to remove all materials deposited on the land, or for the Plaintiff to remove same at the expense of the Defendant.
3. Damages for trespass.
4. An order of perpetual injunction directed at the Defendant, her grantors, assigns, privies, agents, workmen and all who cometh unto the land at the instance of the Defendant, restraining them from interfering with the quite enjoyment and ownership of the Plaintiff.
5. Cost of this suit, including legal expenses.

SCHEDULE

ALL THAT PIECE OR PARCEL of land situate lying and being at Ablekuma–Accra containing an approximate area of 0.48 acre bounded on the North-East by a Lessor’s Land measuring 73.9 feet more or less, on the South–East by a Lessor’s Land measuring 198.5 feet more or less, on the South–West by a Lessor’s Land measuring 126.5 feet more or less, on the North–West by Lessor’s land measuring 232.4 feet more or less.

[3]. The Plaintiff traces his root of title to a conveyance granted in 2003 by the Nii Larbie Mensah Stool Family of Ablekuma, acting through its head, Nii Larbie Mensah IV (Sempe Atofotse). Upon execution of that informal grant he immediately entered into possession, erected corner pillars, and constructed a perimeter dwarf-wall—leaving only the frontage open to facilitate delivery of materials and vehicular access.

[4]. On 22nd November 2005 the grantor-family and the Plaintiff executed a formal Indenture. The Deed was presented to the Lands Commission,indexed as AR/11385/2005, and plotted on the cadastral records as V14837. By operation of statute, that registration constituted constructive noti