JUDGMENT
A.M. DORDZIE, JA
The background to the dispute between the parties culminating in this appeal before us is that on 31st of January 2005 the plaintiff respondent herein issued a writ against the defendant appellant in the High Court Accra seeking the following reliefs: (for the purposes of clarity I will in this judgment refer to the parties simply as plaintiff and defendant).
1. Declaration of title to a piece of land measuring 0.27 of an acre situate at Osu
2. General damages for trespass
3. Recovery of possession
4. Perpetual injunction restraining the defendant his servants, agents, assigns and anybody claiming through him from further trespassing on the land in dispute.
The defendant who claims he validly purchased the land before the sale to plaintiff counter claimed for:
a) Declaration of title to the same land.
b) An order cancelling the land certificate N0. GA 16774 issued to the plaintiff by the Land Title Registry on grounds of fraud or mistake.
c) Perpetual injunction restra…