SAMUEL ODOI QUARSHIE v. YEMOLEY BAAKAN

JUDGMENT

ESSILFIE-BONDZIE, J.A.

This is an appeal from the judgment of the Circuit Court Accra dated 20th day of October, 2000. By a writ of Summons filed on the 3rd March, 1999 the Plaintiff/Respondent (who, will hence forth known as the plaintiff) sued for himself and the family of Quarshie and claimed against the defendant/appellant (who will hereinafter referred to as the defendant) the following reliefs:

(a) A declaration of title to all that piece or parcel of land lying and situate at La, near Degaulle Park measuring an approximate area of 0.21 acres.

(b) Declaration that the Plaintiffs are the bona fide owners of land measuring and covering an approximate of 0.21 acres.

(c) Perpetual Injunction restraining the defendant, assigns and privies from having any thing to do with the said land or interfering with the ownership and possession rights of the Plaintiff and his family over the said land.

(d) Replacement of 600 pieces of block or its equivalent in cedis."

It is necessary at this stage to give a brief account of the genesis of this suit. The plaintiff' representative, Mr. Samuel Odoi Quarshie is first cousin to the defendant. They Come from two twin brothers Erasmus Akuetteh Quarshie and Oko Yemoh. Plaintiff's father is Erasmus and the defendant's father is Oko Yemoh. The two brothers had one sister called Yemoteley Quarshie.

The plaintiff's case, was that some time ago, his family's land situate at La near Degualle Park in Accra, was earmarked for public purpose. To avoid losing the land, the family mandated the defendant his Cousin, to use all possible means to reclaim the land for the family which she succeeded in doing. According to the plaintiff the defendant was reimbursed for expenses incurred and the land was shared equally between three beneficiaries Namely his father, Erasmus Akuetteh Quarshie, Yemoteley Quarshie and Oko Yemoh. It was contended by the plaintiff that the defendant had her father's and also took that of their, aunt Yemoteley Quarshie's share arguing that since the Aunt had no child she would be buring her when she died. The Plaintiff alleged that since the division of the land, he has exercised control over his fathers portion without any hindrance. The defendant, he alleged was laying, adverse claim to this father's land and had appropriated 600, blocks belonging to his father which she had failed to replace or pay for.

The defendant denied the plaintiff claim that the piece of land is family land which was sha