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JUDGMENT
A. M. DORDZIE, J. A. FACTS: The plaintiff I Appellant's claims in the High Court Accra as per the endorsement on the writ of summons are for: 1. Declaration of title to all that parcel of land situate, lying and being at East Legon covering an approximate area of 0. 32 acres, stamped as AC 8690/74; with Lands Commission Number 32000/26661 and a Land Registry Number 2838/75. 2. Recovery of possession of the said parcel of land.
3. General damages in respect of the defendant's unlawful trespass and use of the said parcel of land.
4. An order directed at the defendant to bear the cost of pulling down the building he unlawfully and illegally put on the land and return same to its original state.
5. Perpetual injunction restraining the defendant, his agents, assigns, privies and servants whomsoever or otherwise whatsoever from interfering in any way with the plaintiff's possession, control and enjoyment of the said parcel of land.
6. Any other order or orders the court may seem just and proper in the circumstances.
The defendanVrespondent passed away before the appeal could be heard.
He had been substituted by his wife Mrs. Cecilia Oppong.
I will from now on refer to the parties as appellant and the respondent APPELLANT'S CASE It is appellant's case that she is the owner of the plot of land described above.
She purchased the said plot of land from the Nungua Stool per the chief Nii Odai Ayiku IV in 1974, a lease agreement of the land was executed in her favour in the same year.
She registered the said lease with the Lands Registry in 1975. The lease bears Lands Commission Number 32000/26661 and Land Registry Number 28 38/75. The lease document is in evidence as Exhibit B. She took possession of the land and enclosed it with a fence wall.
To the three sides of.
the' plot she erected a normal height fence wall but made the front wall a dwarf or short wall. ·. ~ 'The appellant is normally resident in the United Kingdom and therefore asked a young man who lives close to the land to watch over it for her.
This gentle man testified as PW1. From 1998 she observed an encroachment on her land.
When she found that foundation was being built on the land; she raised objection.
This resulted in one Mallam Musa instituting a suit against her in the Circuit Court Accra.
The said suit is numbered 111/98. The statement of claim and statement of defence in the said suit are in evidence as exhibits E1 and E2. In that suit she applied for and obtained an injunct