OWUSU (MS.) JSC:-
On 21st March, 2019, the Court of Appeal, Accra, in a unanimous decision dismissed the Plaintiff/Appellant/Appellant (hereinafter referred to as Plaintiff’s) appeal against the Defendant/Respondent/Respondent (hereinafter referred to as Defendant) and affirmed the Judgment of the Trial Court as follows:
“Upon the facts and analysis of the evidence, the only reasonable conclusion is that the appellant’s grantor sat by, saw the respondent enter the land in 1984 and acquiesced in her spending money and labour to develop it without challenge.
The appellant’s right of action first accrued to his grantor through whom he derives his title. Thus, his explanation that he had been away and did not know of the encroachment, and that he has registered his document cannot avail him.
I will hold on the authority of VANDERPUYE v. GOLIGHTLY and ORS. [1965] GLR 453 SC that the appellant’s grantor Dauda and thus the appellant was estopped through the grantor’s acquiescence from asserting…