HAJIA AKWELEY AMUDALATU
V.
BABA BIDARI

(2014) JELR 69547 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/29/2014 ·  17 Jul 2014 ·  Ghana
CORAM
KUSI-APPIAH JA (PRESIDING), DZAMEFE JA, TORKORNOO (MRS.) JA
Core Terms Beta
respondent
counsel
trial court
evidence
disputed area
trial judge
composite plan
right of action
site plan
land title certificate
limitations act
trial
appellant’s site plan
declaration of title
parcel of land
recovery of possession
storey building
period of limitation
persons
piece of evidence
plaintiff’s land title certificate
possession of some person
statement of claim
adjoining land
built property
conduct of the parties
conveyance act
courts decision
courts’ view
dw1’s evidence
end of the trial
enjoyment of the land
evidence act nrcd
evidence of cw2
judgment of the high court accra
land title certificate no.ga
material fact
own conclusions
owner of a piece of land
plaintiffs action
plaintiff’s use
question of adverse possession
refusal of the appellant
respondent’s predecessors
see tiduri
such possession
term of the lease
trial courts
various portions of land

JUDGMENT

DZAMEFE, JA

This is an appeal from the judgment of the High Court Accra dated 15th June 2012. The plaintiff hereinafter referred to as the respondent issued this writ of summons against the appellant for the following reliefs:

a. A declaration of title to all that piece or parcel of land situate at a Lane off Derby Avenue in Accra Central in the Greater Accra Region of the Republic of Ghana and measuring 19.0 in the North, 50.1 in the West, 19.0 in the South and 43.0 in the East;

b. Recovery of possession of all that piece or parcel of land described in paragraph 1 (a) above;

c. Perpetual injunction restraining the defendant and all other members of the Bidari family and all persons claiming title through them whether as successor, assigns or agents from interfering with the plaintiff’s use/enjoyment of the land in dispute;

d. Mense profit

e. Cost

The respondent in his statement of claim avers she is the owner of a piece of land situate and lying at Lane off Derby Avenue in Accra Cen…

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