CECILIA ESSIEN v. PROSPER EZAN KODJO

Irene Charity Larbi (Mrs) J.A.

This appeal is against the judgment of the High Court, Sekondi, dated 8th February, 2013.

(1) The Plaintiff by his Writ issued on 6th November, 2001

claimed against the Defendants for declaration of title to a piece of land known as Plot No.176 on North Kwesimintsim Asakae-Mpatado-Adientem layout, an order for recovery of possession; perpetual injunction to restrain the Defendants, agents, privies etc and damages for trespass.

(2) The 1st Defendant filed his defence and counter-claimed for

perpetual injunction restraining the Plaintiff, her agents, assigns etc from interfering with the Plot No. 176 or with the 1st Defendant’s quiet enjoyment of the said plot.

(3) In the course of the proceedings, the Plaintiff discontinued

against the 2nd Defendant. At the trial, evidence was given by the Plaintiffs Attorney, Anthony Ebo Essien, her husband by virtue of a Power of Attorney donated to him by the Plaintiff.

A summary of the Plaintiffs case is that the Plaintiff acquired

a lease of the land in dispute from the Ntwea family of Apremdo by a lease dated 13th October, 1997 and registered it at the Deeds Registry as Lands Registry No. 2946/2001. Sometime in 2001, the Plaintiff visited the site only to realize that someone had dug a foundation on the plot No. 176. Upon investigation, the Plaintiff got to know that it was the 1st Defendant who was developing the said plot. The Plaintiff averred that her husband confronted the Defendant’s agents on the land but they failed to produce any document as to ownership of the land. The Plaintiff averred further that the parties to the suit met at Lands Commission, Sekondi, in an attempt to resolve the impasse at the Lands Commission, where the Defendant again failed to produce any title deeds nor his grantors.

(4) The 1st Defendant in his statement of defence denied the

claim of the Plaintiff as owner of the said Plot No. 176. The

1st Defendant stated that he is the lessee of Plot No.176 by virtue of a lease granted him by the same Anona family of Apremdo acting per its then Ebusuapanyin Essieh Kum dated 27th May, 2000 and stamped with the Lands Commission Sekondi, as No.WR 1013/2000.

(5) After a full trial, the Trial Judge entered judgment in favour

of the Plaintiff for all the reliefs on the Writ and awarded damages of GH¢50,000.00. and cost of GH¢3,000.00.

The trial judge further dismissed the 1st Defendant’s counterclaim as unmeritorious in law. Aggrieved by the said decisio