EMMA OKWESIE
V.
E. O .ADJETEY

(2011) JELR 65780 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/182/2010 ·  27 Jan 2011 ·  Ghana
CORAM
A. ASARE-KORANG JA (PRESIDING), S. E. KANYOKE JA, A. M. DORDZIE JA
Core Terms Beta
land
plaintiff
defendant
elizabeth yartey
trial judge
elizabeth chardey yartey
family property
exhibit b
land title registry
declaration of title
deed of transfer
documentary evidence
trial court
building permit
disputed land
effect of exhibit b
owner of the land
piece of land
search report
absence of any proof
cross examination
favour of the plaintiff
learned trial judge
supreme court
supreme court decision
weight of evidence
case of brown v quashigah
civil case
decision of the high court
defendant appellant
exhibit c. exhibit c
facts of the case
family of elizabeth chardey yartey
grounds of appeal
grounds of fraud
high court
high court accra
land certificate n0
land title certificate number
original land certificate of elizabeth yartey
plaintiff counter
plaintiff respondent
rudolph nelson ofori coffie
said averment
said judgment
transfer document of the property
weight of evidence counsel

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…

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