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JUDGEMENT
Introduction
This is an appeal against the judgement of the High Court, Land Division 6, Accra delivered on 21st December 2017 in which the trial court granted all the plaintiff/ respondent’s (respondent) reliefs endorsed on the writ of summons. The judgment can be found on pages 215 to 243 of the record of appeal. Dissatisfied with the said decision, the present appeal has been lodged by the defendant/appellant (appellant) seeking to overturn the judgment of the High Court. The original notice of appeal which was filed on 15th February 2018 can be found on pages 244 to 245 of the record. An amended notice of appeal was however filed on 3rd March 2021 with the leave of the court.
Summary of parties’ cases at the trial court
In the High Court, the respondent claimed the reliefs of declaration of title, recovery of possession, perpetual injunction, damages for trespass, declaration that the defendant’s registration of his title at the Lands Commission is null void and an order of the Lands Commission to expunge any such registration from their records.
It is the case of the respondent that the land in question belongs to the Nii Kwaku Datre family of Manhean and by a lease dated 22nd June 2007, the then head of the Nii Kwaku Datre family Naa Korkorfio Quarcoopome, acting with the consent of her principal members, granted the land in dispute to her. She took possession of the land after the grant and continued to exercise possessory rights over the land until in the year 2011 when the appellant trespassed on the land and destroyed a portion of her fence wall. The respondent asserts that reports and counter reports at the Odorkor Police Station and the Property Fraud Unit of the Ghana Police Service did not yield any positive results as the appellant was bent on continuing with his trespassory activities.
It is the case of the appellant that he acquired the land in dispute from Nii Kwaku Datre III, chief of Manhean and a family member of the Nii Kwaku Datre family of Manhean in the year 2004. He was however issued with documentation covering the land by his grantor in the year 2007. He took immediate possession of the land after acquisition, and he went ahead to register his title to the land and was issued with a land certificate on 1st February 2011 numbered GA 34692. The appellant asserted that he noticed some acts of trespass on the land in the year 2011 and his investigations led him to the respondent as the trespasser. All entreaties