RISS HENRY OKAIKWEI v. MADAM ROSINA ATTOH KOIKOR KONUAH

POKU-ACHEAMPONG, J. A. :

This is a land case in which both the Plaintiff/Appellant and the Defendant / Respondent are seeking a declaration of title to the disputed land.

By an amended writ of summons and amended statement of Claim dated 21st August 2015 the Plaintiff sought the following reliefs against the 1st Defendant/Respondent and two other Defendants at the High Court:

a. Declaration of title.

b. An order for recovery of possession

c. Damages for Trespass

d. Perpetual Injunction to restrain the Defendants, their agents, privies, aassigns or servants from continual interference with the Plaintiffs land

e. An order to cancel certificate no GA 28256 in the Land Title Registry in the name of the 2nd and 3rd Defendants and to replace the name of the Plaintiffs late mother(Mabel A. Laryea).

f. Cost. By an amended Statement of Defence and Counterclaim filed on behalf of the 1st Defendant on 20/12/18 pursuant to leave granted by the High Court on 7th December 2018, the 1st Defendant sought the following reliefs:

2. Perpetual Injunction restraining the Plaintiff and his successors in title and the 2nd &3rd Defendants and their privies from in anyway interfering with the 1st Defendants ownership, possession and quiet enjoyment of her property.

3. Damages for trespass 4. An order for the expunging from the register of the Lands Commission any records therein in favour of the Plaintiff, 2nd & 3rd Defendants or their grantees.

5. An order for the cancellation forthwith of the Lands Certificate granted to the 2nd &3rd Defendants.

Issues were set down based on the application for directions filed by Plaintiff and additional issues filed by the 1st Defendant.

The court then directed both parties to file their survey instructions and witness statements as well as pretrial check lists.

In this opinion, for reasons of convenience, the parties shall retain their designations in the trial court.

Thus the Plaintiff/Appellant shall be referred to as the Plaintiff and the 1st Defendant/Respondent as the 1st Defendant.

Plaintiffs Case: Plaintiffs case is that in 1973 his late mother Mabel A. Laryea took a lease from Nii Lartey Kwashie Ahiaku IV Head and Lawful representative of Ahiaku family of Kwashieman, Odorkor/Tsuim, Accra for a lease of 99 years.

Plaintiff claims, that he is the customary successor of his late mother Mabel A Laryea and made a declaration to that effect in Exhibit A. Plaintiff avers that his mother was in undisturbed possession of th