JUDGMENT

KULENDI JSC.

INTRODUCTION:

1. For the purpose of this appeal, we shall refer to the respective parties by their original designations as in the High Court. The Plaintiff/Appellant/Appellant shall be referred to as Plaintiff whilst the Defendant/Respondent/Respondent shall be referred to as Defendant.

2. The Plaintiff is protesting the judgment of the Court of Appeal dated 27th July, 2023 by which the Learned Justices of the Court of Appeal essentially affirmed the judgment of the High Court dated 25th May, 2022 in favour of the Defendant. The notice of appeal was consequently filed on 19th September, 2023.

BACKGROUND

1. This appeal originates from an Amended Writ of Summons and Statement of Claim dated 8th July, 2011, whereby the Plaintiff sought the following reliefs against the Defendant:

a. A declaration of title to ALL THAT PIECE OR PARCEL of land in extent of 0.14 hectares (0.35 of an acre) more or less being parcel No. 626 Block 7 Section 180 situated at Kwabenya in the Greater Accra Region of the Republic of Ghana as delineated on Registry Map No. 006/180/1993 in the Land Title Registry, Accra, shows and edged with pink colour on Plan No. 42/2004.

b. Damages for trespass.

c. Recovery of possession.

d. An order of perpetual injunction restraining defendant by himself, his servants, agents, assigns, workmen and persons acting by or under the authority of defendant from interfering or entering the said land.

e. Cost

PLAINTIFF’S CASE:

1. In a 12 paragraph Amended Statement of Claim, which accompanied the said Amended Writ of Summons, the Plaintiff averred, among others, that in the year 2002, he purchased two (2) plots of land, situate at Ashongman Residential Area, Accra, which is more particularly described in relief (a) supra, from Nii Iddrisu Aya Tettey. He alleged further that, after the said purchase, he caused the land to be registered at Land Title Registry and was issued with Land Title Certificate No. GA 22098 Volume 76, Folio 116 on the 20th of January, 2006.

2. According to the Plaintiff he, thereafter, took possession of the land and constructed a five-bedroom house thereon but without a perimeter wall around the house. The Plaintiff further contended that, the Defendant encroached on a portion of his land and started building a fence wall and digging a foundation on a portion of his land with speed. Consequently, Plaintiff reported the trespass to the Ac