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J U D G M E N T
OWUSU JSC.
The plaintiff/Respondent/Appellant herein issued a writ against the Defendant/Appellant/Respondent herein claiming the following reliefs:
“ i. A declaration of title to all that piece/parcel of land situate lying and being at North Taifa, Accra and bounded on the North by proposed road measuring 98 feet more or less on the South by property of the Okumo Aryikwei family measuring 100 feet more or less on the West by said Okumo Aryikwei family land measuring 93 feet more or less and containing an approximate area of 0.20 Acre more or less
ii. Recovery of possession
iii. Damages for trespass thereto
iv. Perpetual injunction restraining the Defendant, whether by himself, servants, agents, privies whomsoever from entering on and/or encroaching upon the said land (or a portion thereof) the subject matter of this suit or interfering in any manner with the Plaintiff’s ownership of the said piece/parcel of land”
The parties will hereafter be referred to simply as Appellant and Respondent.
The Respondent resisted the Appellant’s claim denying in his statement of Defence that the land, the subject matter of dispute was ever granted to the Appellant by the Neefu family through Numo Kpanie Mensah as the Appellant claimed.
He contented that the Lease Agreement purported to have been executed by the said Numo Kpanie Mensah and tendered in evidence at the trial as Ex “A” was a forged document. He set up a counter-claim for the land as follows:
“a. An order that Numo Kpani Mensah in 1990 did not transfer the disputed
land to plaintiff
b. Declaration of title to the land in dispute.
c. Recovery of possession
d. Perpetual injunction
e. Damages for trespass”
THE APPELLANT’S CASE
The Appellant’s case is that by a leasehold Agreement dated 02-05-90 and made between Numo Kpani Mensah the accredited Head of Okumo Aryikwei family of Kwabenya also known as Aryikwei Agba family and also referred to as the Neefu family and the Appellant (therein referred to as the Lessee) the land the subject matter of the dispute as particularly described in the endorsement on the writ was leased to him for a valuable consideration for a term of ninety-nine years.
He immediately went into possession, erected a fence wall around it and entrusted same to caretakers who planted foodstuffs on part of it.
It is his contention that the Respondent unlawfully entered the land, pulled down part of the fence wall and commenced construction of a structure thereon.