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JUDGMENT
ANIN YEBOAH JSC
This is an appeal from the unanimous decision of the Court of Appeal, Accra, which affirmed the decision of the High Court, Accra, in favour of the defendants/respondents/respondents hereinafter simply referred to as the defendants.
The plaintiff/appellant/appellant (who for the sake of brevity shall be referred to in this appeal) as the plaintiff, issued a writ of summons against the defendants on 20/10/2003 for declaration of title to a piece or parcel of land at Kwabenya. The allegations of facts pleaded against the defendants appeared to be straightforward and simple to comprehend. The plaintiff averred that in 1999, one Ben Nyarko trading under the name and style of BENYAK VENTURES acquired over thirty (30) acres of vacant land at Kwabenya from NII NAGLESHIE ADDY-ABOASA family of Accra, the registered proprietors of the land at the Land Title Registry and NII ARYEE ANANG, head and lawful representative of the NII ODAI NTOW family of Ashonmang, Accra, original
allodial owners whose larger interest is registered at the Lands’ Commission of which the land in dispute forms part.
According to the plaintiff, he traces his root of title from the two families. It was pleaded that the plaintiff went into effective possession and erected various structures thereon after taking steps to register all the relevant documents on the land from his grantors. The third defendant herein thereafter asserted ownership of the land in dispute by virtue of a transfer from the plaintiff’s grantor NII ARYEE ANANG. It was pleaded that the third defendant has no such land and whatever document he had obtained from the plaintiff’s grantor was fraught with fraud as the signature of the plaintiff’s grantor NII ARYEE ANANG was forged or the third defendant had inserted a site plan larger than the area covered by a grant allegedly made to him by the said NII ARYEE ANANG without the knowledge and consent of the grantor. It was further given as particulars of fraud that the third defendant had colluded with officials at the Lands’ Commission Secretariat to register the alleged forged documents transferring the disputed land into the third defendant’s name who subsequently transferred part of the land to the first defendant.
On the issue of trespass, the plaintiff averred that the first, second and third defendants procured thugs to demolish buildings and other structures on the land and caused damages to cement blocks, sand and other materials on the land