KWABENA DAPAAH-SIAKWAN VS JOSEPH BOYE

M. WOOD (MRS), JA

In this appeal against the judgment of the High Court, Accra, delivered on 21st June 2016, the Plaintiff/Appellant seeks the setting aside of the aforesaid judgment.

This case involved two consolidated suits on the land involving two different parties.

The second case was struck out for lack of capacity of the person suing as the lawful attorney on behalf of the claimant of the land who resides outside the jurisdiction.

The Plaintiff/Appellant hereafter will be referred to as Plaintiff or alternately as the Appellant while the Defendant/Respondent will be referred to as Defendant or alternately as the Respondent.

THE CASE OF THE PLAINTIFF/APPELLANT The matters that have given rise to the instant appeal are as follows: The Plaintiff instituted an action against the Defendant on 19th May 2004 which was later amended on 26th July, 2004 and further amended on 15th January 2010 for the following reliefs: a. A declaration of title to all that piece of land situate lying and being at Kisseman in Accra and covering an approximate area of 0. 92 of an Acre.

b. Recovery of possession to the said land.

c. Perpetual injunction to restrain the Defendant, his agents, servants and assigns from interfering with the possession and quiet enjoyment of the Plaintiff.

d. General damages for trespass The case of the Plaintiff is that he is the owner of land lying at Kisseman which he acquired from Abena Asantewaa Mainooo who registered her interest in the land at the Land Title Registry and was issued with Land Title Certificate No. GA 6204. He avers that at the time of the acquisition, there was a partially completed building up to lintel level on the plot as well as a fence wall covering the entire four plots of land.

Upon the acquisition, he discovered that the land was a Government land which had been acquired in the name of State Insurance Company (SIC). He therefore regularized his interest with State Insurance Company after which it executed in his favour a sub-lease dated 1st November 2001 which had a site plan of the area delineated as 0. 730 acres instead of 0. 9 acres.

Realising this anomaly, he drew the attention of SIC to it and SIC engaged Rudan Engineering Limited to determine the actual plot size on the ground.

Following the re-survey of the land, SIC executed a Supplemental sub-lease as an addendum to the original sub-lease dated 1st November 2001. By a letter dated 14th May 2004, SIC confirmed the regularization after which he place