EMMA OKWESIE v. E. O. ADJETEY

The plaintiff by her writ of summons filed on 31st January 2005 claimed the following:

Declaration of title to all that piece or parcel of land measuring 0.27 of an acre in extent registered as No. GA. 16774 in Land Register Volume 12 Folio 502.

General damages for trespass.

Recovery of possession

Perpetual injunction restraining the Defendant, his servants, agents, assigns and anybody claiming through him from further trespassing on the land in dispute.

The statement of claim that accompanied the writ of summons traced the plaintiff’s root of title from one Elizabeth Chardey Yartey who held land Title certificate number

GA 4548, which certificate has now been transferred to the plaintiff and been registered as No. GA 16774. The plaintiff also pleaded that she acquired the land through an Estate Agent called Mr. Debrah.

The defendant filed a statement of Defence and stated that he acquired the land from Elizabeth Chardey Yartey and a deed dated 3rd November, 2000 was executed in his favour. The defendant stated that he acquired the land after he had assisted the family in a litigation over the land. He then counter- claimed for the following:

A declaration of title to all that piece or parcel of land measuring about 0.27 of an acre and popularly referred to as plot No. 109, Adzoate Street, North East Christianborg, Osu, Accra.

An order cancelling the land certificate No. GA16774 issued by the Land Title Registry to Plaintiff on grounds of fraud and or mistake.

Perpetual injunction restraining the plaintiff, her assigns, workmen, servants and agents from interfering with the said land.

The issues set down for determination on 2-3-06 were as follows:

Whether or not the plaintiff acquired the land in dispute from the late Elizabeth Chardey Yartey, whose title was registered as Land Certificate No. GA14548.

Whether or not the plaintiff went into possession of the land on acquiring same.

Whether or not the plaintiff’s acquisition of the land was fraudulent.

Whether or not the Defendant is a trespasser on the land in dispute.

Whether or not the plaintiff is entitled to her claim.

Whether or not the Defendant is entitled to his counter- claim.

Whether or not the signature of the late Elizabeth Chardey Yartey appearing on the indenture of the plaintiff is a forgery.

The plaintiff led evidence through an Estate Agent, Mr. Ernest Debrah, who was given power of attorney and was tendered and admitted as exhibit ‘A’.

Mr. Ernest Debrah led evidence t