On 25 June 1976, the plaintiff instituted this action against the
defendant claiming: (a) A declaration of title to land at Abeka, Accra,
and (b) An order of injunction to restrain the defendant, her servants
and agents from interfering with the land in dispute.
On 9 July 1976, the plaintiff instituted a similar action against the
Attorney-General (vide Land Suit No. 610/76). By the order of this
court, dated 18 October 1976, the Attorney-General was joined as a
co-defendant to this action; on 7 December 1976, Land Suit No. 610/76
was struck out with liberty. On 1 March 1977, the following issues were
agreed upon and set down for trial:
"(1) Whether the plaintiff is the owner of the land in dispute, and
(2) Whether the co-defendant published and served on the plaintiff in
accordance with the provisions of the State Lands Act, 1962 (Act 125),
the relevant legislative instrument."
The plaintiff's case was that the land was granted to him as a gift in
1964 by the Asere stool. He tendered in evidence exhibit A, a duly
stamped and registered conveyance evidencing the grant to him; the said
grant was also concurred in by the appropriate commissioner. According
to the plaintiff, he took possession of the land, placed pillars at the
corners [p.108] and fenced it. He engaged one Alpheus Ayitey Addy, who
had been involved in the acquisition of the land, to look after the
property for him. There was no interference with his enjoyment of the
property until the fence was broken down by one Dwomoh. He warned the
said Dwomoh and asked his counsel to write to him. That was between 1971
and 1972. As soon as an action was taken against the said Dwomoh of Beno
Enterprises, the interference ceased. He was therefore advised to drop
the action and he did so. The present action, he said, was the second
occasion on which his enjoyment has been interfered with. He said the
defendant had been known to him for some time as a neighbour and that
she had even in 1968 asked permission from him to use a portion of his
land as a playground for the children of her school—Anne's Preparatory
School. In 1971 and 1972 the overseer of his land, Mr. Addy informed him
of the claim by the defendant. According to him, the defendant claimed
that a portion of his land had been leased to her by the government
which had acquired the whole area. Not satisfied with this claim, he
inquired from his land owners, the Asere stool, who refuted the claim by
the defendant.
