IRENE CHARITY LARBI (MRS). J.A.
This is an appeal from the High Court Land Division, Accra dated 11th January, 2011 which dismissed the Plaintiff’s action with costs of Gh₡1,000.00 to each of the two Defendants.
The fact in dispute as well as the respective cases of the parties have been stated accurately in the opinion read by my learned sister Mabel Agyemang JA. I agree with them and adopt them as my own. I also agree with her opinion and I only wish to add to it.
It is settled law that documentary evidence should prevail over oral evidence. In the instant case, the Plaintiff’s main claim in the High Court is for declaration of title to the land described on the writ.
The Plaintiff in evidence tendered Exhibit ‘A’ an Indenture made on 12th August 1981, between Nii Odai Ayiku IV, Nungua Mantse as Lessor and Kwame Nkrumah as Lessee. He also tendered the Land Certificate issued to Kwame Nkrumah on the 5th October, 2002 as Exhibit ‘B’. He said he cleared the land and erected four (4) pillar…