JUDGEMENT

ADJEI-FRIMPONG JSC:-

My Lords, in this appeal, we are mainly to determine which, between the opposing parties and who incidentally claim through the same Nungua Stool, has superior claim to the disputed land. Both sides had sought declaration of title to the disputed land. Accordingly, they assumed the burden of persuasion on the question of title on a balance of probabilities. The following is the way the pleaded their rival cases.

For the Plaintiff/Appellant/Respondent (herein “Plaintiff”), he in 1998 contracted with a company called Quality Efficient Development Ghana Limited to acquire ten (10) plots of land situate at the Nungua Motorway Industrial Area. The company acted through its Managing Director, a certain John Boye Botchway. The company itself took a grant of the land in 1996 by a 99-year lease from the Nungua Stool acting by NII AFOTEY ODAI IV, Dzasetse and Acting Nungua Mantse and the stool’s principal elders.

At the initial stage of his acquisition claims the Plaintiff, he was given a photocopy of the company’s title documents with which he conducted a search at the Land Title Registry to confirm its good title. Having satisfied himself and inspected the land which he found vacant, he made part-payment to the company. Upon completion of the documentation to him, he completed payment on 6th July 1999 through his lawyers Messrs Akuetteh, Kudoadzi & Co Legal Practitioners. He was also furnished with a Land Title Certificate No. TD 0221 Vol. 019 Folio 118 dated 5th June 1998 which he found to be authentic at the Land Title Registry.

Pleading further, he went into possession and constructed a set of four (4) 10-foot single rooms on the four corners of the land. These were however pulled down by unknown persons. He complained to John Boye Botchway who as he put it, feigned ignorance of the demolition and advised him to sue any person found to have caused it. He again constructed another single room structure which was again pulled down.

He then traveled outside the country and upon his return, the whole area was developed. He could not even trace the land. He had to engage a surveyor who, based on the documents located the land. It was discovered to be that which the Defendant had constructed offices and church premises on.

In December 2014 he caused his lawyers to write to the Defendant to yield possession and when it proved futile, he commenced the suit in the High Court. The following were his reliefs:

*1. A decl