MARK OFFEI ANTWI v. JOHN KWAKU MORTEY

J U D G M E N T

The plaintiff by his writ filed on 18th June 2007 claimed the following

a) Declaration of title to a piece and parcel of land situate lying and being at North Kwashieman, Accra and bounded on the North by proposed road measuring 50 feet more or less, on the East by vendors land measuring 100 feet more or less, on the South by high tension line measuring 50 feet more or less and on the West by vendors land measuring 100 feet more or less and containing an approximate area of 0.14 acre more or less which piece of land is covered and edged in the site plan.

b) Recovery of possession

c) General damages

d) Perpetual injunction

e) An order for demolition of all structures, buildings, wall, houses etc on plaintiffs land at defendants costs

f) Costs

g) Recovery of plaintiffs legal fees

The writ was accompanied by a statement of claim the gist of which is that the land in issue was acquired for him and his siblings by his father from the Kwashieman Stool sometime in October 1993 and demanded an indenture from the stool in their name. The plaintiff pleaded further that with the assistance of the family he erected a fence wall around it and had the said land registered by the lands commission. For well over 14 years he had been in active and uninterrupted occupation of the land until recently when the defendant entered the land and started its rapid development thus this action.

The defendant on the other hand, pleaded that he acquired the land from Kwashieman Mantse Nii Lartey Kwashie Ahiaku V in May 1991 and was favoured with an indenture. He then carried out the construction of a private residence without any let or hindrance and has since completed same.

The plaintiff denied the defendants assertion that he commenced building on the land when he acquired it and stated that it was only recently that the defendant commenced the building and was building at an alarming speed.

At the close of the pleadings, the issues agreed upon and set down for determination were as follows:

1. Whether there was a valid grant of the disputed land to the plaintiff or his father by the Kwashieman Stool in or around October 1993.

2. Whether plaintiff has since the grant of the disputed land exercised various acts of exclusive possession on the land.

3. Whether at any point in time while plaintiff was in possession of the land there was any adverse claim to the said land.

4. Whether the purported grant to the Defendant by the same Kwashieman stool while