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JUDGMENT
JUDGMENT
MENSAH JA:
This appeal is in a very narrow compass.
The appeal filed by the plaintiff/appellant simply referred to as the “appellant” is against the decision of Ocran J., sitting at the High Court, Accra (Land Division) delivered 14th day of November 2014.
Historical background:
Per her writ of summons sealed in the registry of the High Court, Accra [Land Division] the appellant had claimed against the defendant/respondent simply referred to as “the respondent” the following judicial reliefs:
a) Declaration of title to the land situate at Kingsby Junction, New
Achimota, Accra and particularly described in the deed of gift
dated 12 March 1962 and made by Dorothy Wood (deceased)
and registered in the Deeds Registry as No. 3145/1976.
b) Damages for trespass to the land, subject matter of this suit.
c) Recovery of possession of the land, subject matter of this suit.
d) An order for perpetual injunction restraining the defendant, her
agents and workmen from entering into, or interfering with, or
in any manner dealing with the land subject matter of this suit.
To the claim, the respondent filed a defence contending that a search she conducted at the Land Title Registry showed that the appellant has no interest in the land, the subject matter of this appeal. It is on record that the appellant applied for and obtained an order for the appointment of a Surveyor to superimpose the site plans of the parties and to prepare a composite plan. See: p 53 of the record of appeal.
Pursuant to the order of the appointment of the surveyor, both the appellant and the respondent filed their respective survey instructions. See: pp.54-55 and p.58 of the record of appeal respectively.
The surveyor, Daniel Adomako Agyemfowa working with the Surveying & Mapping Division of the Lands Commission, Accra having been commissioned to undertake the job, prepared a composite plan on the disputed plot. He mounted the witness box on 03/02/2014 to tender his report and defend it. After tendering the composite plan, he was then subjected to cross-examination by the lawyer for the plaintiff. See: pp 118 – 120 of the record of appeal. The cross-examination continues on pp 127-130.
It is instructive that whilst the Surveyor [witness of the court] was still in the witness-box and under cross-examination, the lawyer for the defendant filed a motion to amend the statement of defence to add a relief of a counterclaim for recovery of possession to the respondent’s defence