MARY LARLEY NUNOO v. MANASE ATAGLO

JUDGMENT

DORDZIE (MRS), JSC:-

FACTS:

This matter originated from the High Court Accra where the plaintiff who is the appellant herein initiated a suit against the defendant for the following reliefs:

1. Declaration of title to all that piece of land described in the schedule to the statement of claim as follows: “All that piece of land situate lying and being at West Akweteman, Accra and bounded on the North by Charosse stores land measuring 67.7ft more or less on the East by proposed road measuring 103.3ft more or less on the South by proposed road measuring 67,6ft more or less on the West by Charosse Stores land measuring 1001.3ft more or less and containing an approximate area of 0.158 Acre or 0.06 hectares which said piece or parcel of land is more particularly delineated.”

2. Perpetual injunction restraining the defendant, his agents, assigns, successors from interfering with plaintiff’s quiet enjoyment.

3. An order cancelling the defendant’s title certificate

4. Recovery of possession

5. Damages for trespass

These claims are based on facts averred in plaintiff’s pleadings which we will summarize as follows: The plaintiff is the owner of a track of land of which the disputed land forms part; the Asere Stool is her grantor. She has been in possession of the disputed land since 1970. As at 1974, the disputed land was registered in the name of Naa-Moko Company Limited who conveyed same to Charosse Stores. When she discovered that the land was plotted in the name of Charosse Stores at the Lands Commission she re-acquired same from Charosse Stores and had it registered in her name at the Lands Commission. Exhibit A is the registered instrument in respect of the disputed land. In 1997, she constructed a wall around the disputed land and built three stores which were not completed and travelled to the United States of America. Later it came to her attention that there had been encroachment on her land; upon her return, she was able to eject all the trespassers except the defendant who claims ownership of the plot of land in dispute. She described the acts of trespass by the defendant thus: the defendant pulled down part of her fence wall and the uncompleted store structures and built two chamber and halls on her land and rented same out to tenants.

The defendant in his response in his statement of defence denied the plaintiff’s claims and maintained that he acquired the disputed plot of land from the Abola Piam family of Accra in 1997. The sam