CLEMENT BORTEY VRS ANNE (QUARZZY'S MART) & 5 ORS

INTRODUCTION

[1]. My Lords, the appeal before us emanates from a judgment of the Circuit Court, Tema in which the court dismissed Plaintiff’s claim for declaration of title and upheld 6th Defendant’s counter-claim for declaration of title . The Plaintiff/Appellant will be referred to as Appellant and the 6th Defendant/Respondent will be referred to as Respondent.

[2]. By an amended Writ of Summons and Statement of Claim dated 6th June, 2014, Plaintiff sought the following reliefs from this Honourable Court against the Defendants:

1. Declaration of title to ALL THAT piece or parcel of land described in the schedule to the Statement of Claim. Schedule reads as follows; ALL THAT piece or parcel of land situate lying and being at Housing Estate known as Plot No.3 Onion Link Teshie Nungua Estate bounded on the North by a road measuring 116ft 1 inches more or less on the South by a road measuring 105ft 8 inches more or less on the East by unnumbered plot measuring 84ft 5 inches more or less on the West by Plot No.1A measuring 63ft 6 inches more or less comprising an approximate area of 0.08 an acre which piece or parcel of land more particularly delineated on the plan attached thereto and thereon edged pink.
2. An order for the ejection of the Defendants and to remove their containers from Plaintiff's land
3. Damages for Trespass

[3]. The Respondent, the grantor of the other five Defendants filed a Statement of Defence, for himself and on behalf of the other Defendants. He counterclaimed as follows:

a. A declaration that the 6th Defendant is the true and lawful owner of all that piece or parcel of land situate lying and being at HOUSING ESTATES known as Plot number 1A, Onion Close, Teshie Nungua Estates in the Greater Accra Region of the Republic of Ghana, bounded on the North by a road measuring 68 feet 6 inches more or less on the South by a road measuring 80 feet 4 inches more or less on the East by Plot number 3 measuring 36 feet 9 inches more or less comprising an approximate area of 0.03 more or less.

b. Perpetual injunction to restrain the Plaintiff whether by himself, his servants, agents, workmen, privies, assigns and/or successors in title howsoever described from interfering with the Defendants' possession and quiet enjoyment of the land described in paragraph(a)above

c. Costs

d. Any other reliefs that this Honourable Court may deem meet.

FACTUAL BACKGROUND

[4]. Appellant maintains that he is a businessman