ROCKSON v. AGADZI AND ANOTHER

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.