BENJAMIN DANQUAH v. AGNES AHADZI & ORS

LOVELACE-JOHNSON (MS.):-

The designation of the parties at the trial court will be maintained in this appeal.

By a writ of summons, amended twice to join 2nd defendant and to add a fourth relief, the plaintiff claimed against the defendants the following four reliefs:

1.Declaration of title to all that piece of land described in and covered by Land Certificate No. GA. 22122 in Land Register Volume 46 Folio 65.

2.Damages for trespass

3.Perpetual injunction restraining the Defendant, her agents, servants and assigns from further trespassing on the land in dispute;

4.An order for cancellation of 2nd Defendant’s Land Certificate No. GA. 13523 as same was procured by fraud.

These claims were denied by 1st defendant. 2nd defendant was ordered by court to be joined to the matter upon application by the 1st defendant. They also denied the claims and counterclaimed for their own reliefs in the following terms:

a.Declaration of title to land contained in Land Certificate No. GA. 13523, Volume 02,Folio 29;

b.A declaration that Land Certificate No 22122, Volume 46, Folio 65 issued to Plaintiff subsequently over the same land is null and void and of no effect;

c.Damages for trespass;

d.Perpetual injunction restraining the Plaintiff, his agents, servants and assigns from any dealings interference or tampering with the disputed land.

The brief facts of the case are that while the Plaintiff claims his title to the land through the Tsie We Quarter of Teshie, the Defendants trace their title through the Bortei Alabi family of Nungua. Both plaintiff and the 2nd defendant had Land Title certificates to the land claimed by them. The plaintiff’s complaint was that the defendants had demolished a building he was putting up on his land. Plaintiff’s position was that his land was different from those of the defendants and that the 2nd defendant’s Land Title Certificate did not cover his land and contended that the 2nd defendants were not entitled to their counterclaim. On the other hand, the defendants said they had acquired the land from their grantors whose land certificate, and 2nd defendants’ own certificate were earlier in time to that of the plaintiff, so any subsequent grant of the same land to plaintiff was per the said land certificate null and void.

The following were set down as the issues and additional issues for trial

1. Whether or not the land in dispute is the same as the land covered by the Defendants’ Land Certificate No GA 13523

2. Whether or no