COMFORT NANA EKUA BOYE-DOE v. KISH ODOOM

ADJEI, J.A:

The Plaintiff sued the Defendant for the following reliefs:

“i. Declaration of title to Plot No.42 at Nkanfoa Residential layout in the Cape Coast Municipality.

ii. Declaration that Defendant is not entitled to any payment for the Sandcrete block wall constructed by the Defendant to enclose Plaintiff’s said plot.

iii. An order compelling Defendant to give access to the Plaintiff to enter her said Plot and recovery of possession thereof.

iv. Damages for trespass.

v. Perpetual injunction against the Defendant, his servants, agents and assigns from interfering with the Plaintiff’s possession and occupation of the said Plot”. The Defendant in his amended statement of defence denied the Plaintiff’s claim and Counterclaimed against the Plaintiff for:

“a. A declaration of title to all that piece and parcel of land situate and lying at Nkanfoa New Site and variously known as Plot No.42 which land abuts the Defendant property situate on Plot No.41.

b. An order of perpetual injunction restraining the Plaintiff her agents, assigns, privies, workmen and all those claiming through her from having anything to do with the land in dispute.

c. A declaration that the Plaintiff by her conduct had acquiesced to the acquisition and possession of the land in dispute by the Defendant and that by the Plaintiff’s conduct and acquiescence the Defendant is entitled to the acquisition of the lands in dispute variously referred to as Plot No.42 or

d. In the alternative an order directed at the Plaintiff to refund to the Defendant the costs of filling the land in dispute to the level of the Nkanfoa new Site road which land in dispute variously known as Plot No.42 was a valley and swampy and constructing a fence wall around same which costs GH4,426.85.

e. An order of award of interest on the said sum of GH4,426.85 from the year 2001 to date of final judgment and payment.

f. An order of grant of any other relief(s) as the Honourable Court may deem fit so to grant in the circumstances”. At the directions stage, seven issues were set down for trial.

The issues set down are as follows:

a. Whether or not there is any agreement of sale between Madam Ama Aikins and the Defendant relating to Plot No.42 Nkanfoa Residential Area lay-out.

b. Whether or not Defendant has any interest, right or title to the said Plot No.42.

c. Whether or not the Defendant has any easement over Plot No.42.

d. Whether or not the Defendant is entitled to any payment for the sandcrete bl