OKWEI NOI MENSAH v. THE ADMINISTRATORS OF ESTATE OF STEPHEN EBENEZER LARYEA & ANOTHER

YEBOAH, JSC:

The plaintiff/appellant/appellant (who shall be referred to as the plaintiff) commenced an action against the defendant/respondent/respondent (who shall be referred to as the defendant) in respect of a piece or parcel of the land at La forming part of the La, Abafum Quarter Lands claiming the following reliefs:

1. Declaration that the land in dispute in the two (2) judgments of

I. judgment in suit N0L132/1961 (High Court- presided over by Mrs. Justice Annie Jiagge) and

ii. judgment in Civil Appeal N014/1962 (Supreme Court – presided over by Korsah (CJ), Crabbe (JSC) touch and concern two parcels of the same contiguous stretch of land described as La, Abafum Quarter Lands.

2. Declaration that the Supreme Court’s unanimous judgments entered on the 13th March 1963 in Civil Appeal suit N014/1962 reversed, overruled and superseded the High Court Judgment by Mrs. Annie Jiagge dated 23rd March 1962 in suit N0L132/1961.

3. Declaration that on the legal authorities enshrined in the said two judgments, 1st defendants said Deed of Gift dated 28TH March, 1945, Registered as N0211/1945 and the consequential Land Title Certificate N0 GA 1078 are both null and void having been procured by fraud and misrepresentation.

4. An order directing the Chief Executive, Land Title Registry to cancel the said Land Title Certificate N0 GA 1078 immediately as null and void and of no legal effect whatsoever.

5. Declaration of title of the land in dispute in the plaintiff’s family as bona fide owners in possession.

Additionally, the plaintiff sought the ancillary reliefs of recovery of possession, perpetual injunction and damages. The facts on which the case turned, which were found by the two lower courts not to be in controversy may be briefly stated as follows. One Okwei Noi Mensah who on the record is the plaintiff’s predecessor in the title was sued by one Stephen Laryea the first defendant’s predecessor-in-title in respect of a parcel of land at La, Abafum Quarter. The action was commenced in 1961 and the claim was for declaration of title to the said land, damages for trespass etc. The trial High Court judge Mrs. Justice Annie Jiagge on 23rd of March 1962 entered judgment against Okwei Noi Mensah and awarded damages of 50 pounds for trespass in favour of Stephen Laryea.

Okwei Noi Mensah who lost the case did not lodge any appeal against the judgment and later died. In 1997, however the plaintiff herein commenced an action at the High Court, Accra which