GHALIB KWAME SANGARI v. OCTAVIA OKU & OTHERS

J U D G M E N T

KUSI-APPIAH, J.A.:

This is an appeal against the judgment of the High Court (Fast Track Division), Accra, dated 31st March, 2011 per S.K.A. Asiedu J., by which the learned Judge dismissed the plaintiff’s action and decreed title in the disputed land in 1st defendant/respondent’s favour against the plaintiff on her counterclaim. The trial judge then made an order of perpetual injunction against the plaintiff, his agents, servants, privies, assigns and all others claiming through him from interfering with or remaining on the disputed land. He also directed the plaintiff to remove whatever structure he had placed on the subject property. The trial judge then awarded damages in the sum of GH¢1,200.00 in 1st defendant’s favour against the plaintiff. Finally, he awarded costs of GH¢800.00 against the plaintiff in favour of Dan Oku, previously the 5th defendant.

A brief summary of the events culminating in this appeal will certainly help us appreciate matters.

By an amended writ of summons, the plaintiff/appellant (hereinafter called the Plaintiff), claims against the defendants/respondents (hereinafter called the Defendants inter alia):

“1. Declaration of title to all that piece or parcel of land more particularly described in paragraph one of the statement of claim.

2. An order directed to the 3rd defendant to cancel the 1st defendant’s Land Title Certificate.

3. Special and general damages (to be assessed).

The salient facts arising on the pleadings are not complicated. The plaintiff’s claim as per the accompanying statement of claim is that he is the owner of all that piece or parcel of land with building thereon popularly known or referred to as plot No. D.373, situate and being at Dansoman Estate, Accra (hereinafter the disputed plot) by virtue of a Deed of Lease dated 10th January, 2001, and made between the plaintiff herein of the one part and 2nd defendant – State Housing Company Limited of the other part.

The plaintiff further traced his root of title to an earlier Deed of Lease dated 2nd August, 1996 executed between the Government of the Republic of Ghana of the one part and the 2nd defendant of the other part pursuant to the compulsory acquisition by the Ghana Government of all that land of which the disputed land forms a part under Executive Instrument No. E.I.27/68 of 1st March, 1968.

It was the plaintiff’s claim that at all material times prior to the execution of the aforesaid deed of lease, he had been in possession o