DR. KWAME AMPOFO VRS THE TRUSTEE

This is an appeal against the judgment of the trial high court (Land Division) delivered on the 27th day of November 2020 which dismissed the claim of the Plaintiff/Appellant herein and granted the counterclaim of the Defendant/Respondent herein. Dissatisfied with the aforesaid judgment, the Plaintiff/Appellant herein on the 5th day of February, 2021 mounted the present appeal against the judgment per the Amended Notice of Appeal on the following grounds:

i. The trial court had no jurisdiction to accept the witness statement of George Agyemang Gyawu, the Defendant’s purported attorney because he lacked the legal capacity by his instrument of appointment to represent and testify on behalf of the Defendant. ii. The learned trial judge erred in law when she held that the Plaintiff/Appellant‘s Land certificate was procured by fraud.

​ iii. The judgment is against the weight of evidence adduced at the trial.

For the purposes of this appeal, the parties herein shall retain their respective designations at the court below. That is to say, the Plaintiff/Appellant herein shall hereinafter be referred to as ‘’The Plaintiff” whilst the Defendant/Respondent herein shall be hereinafter be referred to as “The Defendant”

Sometime on the 29th day of August, 2014, the Plaintiff commenced the action which has culminated in this appeal against the Defendant for the following reliefs;

a. Declaration of title to all that piece or parcel of land in extent 3.82 hectres (9.43 acres) more or less being parcel No. 13 Block 6 Section 135 situate at Pantang in the Greater Accra Region of the Republic of Ghana aforesaid as delineated on Registry Map No. 005/135/ 1993 in the Land Title Registry, Victoriaborg, Accra and being the piece of land shown and edged pink colour on Plan No. 35/2009.

b. Immediate Recovery of Possession of the said land.

c. Perpetual Injunction restraining the Defendant, his assigns, and agents or any person deriving any interest through him (s.i.c) interfering with the land.

d. An order for the demolition of all unauthorised structures on the land.

The basis of the Plaintiff’s claim as can be gathered from the Statement of Claim which accompanied the Writ of Summons is that he (Plaintiff) acquired the land in disputed from Gutty Universal Company Ltd. sometime on the 5th day of March 2013. It is his case that the document which evidenced the transaction between him and the aforesaid company was registered and stamped