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KULENDI, JSC:-
This is an Appeal against the judgement of the Court of Appeal dated 3rd May, 2018, which said judgment varied the judgment of the trial High Court delivered on 21st June 2007. The Appellant herein, dissatisfied with the decision of the Court of Appeal, and exercising her constitutional right pursuant to Article 131 of the 1992 Constitution, has brought the instant appeal to this Court.
BACKGROUND:
The antecedent facts that triggered the instant appeal are captured as follows:
On the 29th of October, 2004, the Plaintiff/Appellant/Respondent (hereinafter referred to as ‘the Respondent’) instituted an action in the High Court for the following reliefs:
Declaration of title to all that piece or parcel of land in extent 0.15 hectares (0.36 of an acre) more or less known as parcel No. 24, Block 5 Section 021 lying situate at Asylum Down, Accra covered by Land title Certificate No. GA 20228 in Land Register Volume 10 Folio 473;
Damages of ¢ 35,000,000 for trespass;
An order for perpetual injunction against the Defendant/Respondent/Appellant, her agents, assigns or anybody claiming through her from further trespassing on the land in dispute.
The Respondent averred in his Statement of Claim that he acquired the land in dispute from Jogis Ltd by a deed of Conveyance dated 17th July, 2001. The Respondent further stated in his Statement of Claim that his grantor is Mary Akua Durowaa who is said to have traced her root of title from Giftie Mnomlokie Plange Dugbartey who had acquired the land from the Nii Odoi Kwao Family by an indenture dated 1st March 1952. The Respondent also deposed that upon purchasing the land, he registered his interest in the land and on 23rd July, 2004, a land title certificate was issued in favour of the Respondent.
The Respondent states that this action was commenced at the High Court after the Appellant without the Respondent’s permission, entered the land in dispute and started erecting a fence wall around same.
The Appellant entered appearance and filed her Statement of Defence on 16th December, 2004. The Appellant in her Defence asserted that she had been on the land for over 20 years. She further asseverated that she was the caretaker of the property for and on behalf of the family of one Margaret Korkor Dugbartey who died intestate and childless in 1952. She asserted that upon the death of the said Margaret Korkor Dugbartey, the family appointed her to live on the property and to take care of it for them.
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