DORIS BELINDA ARKROFUL VRS MR. PETER AGYARE & ANOR

Introduction

The instant appeal was mounted by the Plaintiff as the Appellant against the Judgment of the High Court, Winneba, presided over by His Lordship Aboagye Tandoh J. (as he then was) dated 15th March 2023.

The Claims of the Parties

As per the indorsement on the Amended Writ of Summons,[1] the

Plaintiff claimed against the Defendants (Respondents) –

a. Declaration of title to a piece or parcel of land at Mbosaaedwedo/Apam measuring 2.30 acres.

b. Perpetual Injunction against the Defendants, their workmen, agents, howsoever described from interfering with the said land inconsistent with the Plaintiff’s development.

c. Recovery of Gh*₵6,500.00 being replacement cost of billboard, corner pillars and materials destroyed by the Defendants.*

d. Interest on the said amount at the prevailing commercial bank rate to the date of judgment.

e. General damages.

f. Solicitor’s cost for bringing the action.

The 2nd Defendant, upon successfully applying to join the matter in his Amended Statement of Defence counterclaimed against the

Plaintiff thus:

i. For a Declaration that the land as described in the Amended Statement of Defence is the property of Gomoa Akyemfo Stool Family as confirmed by the Court of Appeal Judgment dated 20th day of June, 2002 and particularly described in the Judgment Plan. ii. A Declaration that the said land was validly granted by the 2nd Defendant’s Stool.

iii. An Order for removal of all structures at the cost of the Plaintiff.

iv. Perpetual Injunction restraining the Plaintiff, her vendors, assigns, workmen and anyone claiming through them from interfering with the Defendant’s ownership, use and enjoyment of the land.

v. Damages for trespass. vi. Costs incidental to the suit.

The Case of the Plaintiff

The Plaintiff who sued per her lawful attorney, Samuel Kwesi Mensah, claims to be a member of the Apam Afrim Anona Royal family. She was the first family member to reduce the 2.30 acre land into occupation after clearing and depositing building materials on it in 1988. Her case was that she erected pillars and mounted a bill board with the inscription “LINDADOR HOTEL SITE” serving as notice of her ownership to the world.

She acquired her interest as a customary grant by way of occupation from her Efrim Anona family in May 1990 when she purchased same from the head of their