BENJAMIN QUARCOOPOME SACKEY V. ISSAKA A. MUSAH

DOTSE JSC

This is an appeal by the Defendant/Respondent/Appellant, hereinafter referred to as the Appellant, who initially obtained judgment at the trial Circuit Court but which judgment was reversed by the Court of Appeal following an appeal by the plaintiff/Appellant/Respondent, hereinafter referred to as the Respondent.

FACTS OF THE CASE

The respondent averred that, he acquired the disputed land from the Asere Mantse Nii Akramah II in 1964 and was given a document. He also acquired a Land Title Certificate in 1992.

The appellant commenced building on the said land and the respondent reported the appellant’s alleged unlawful building to the Accra Metropolitan Assembly and the Land Title Registry. The appellant however continued building, and the respondent sued the appellant in 1996 in the Circuit Court Accra for a declaration of title to land, damages for trespass, an injunction restraining the appellant from interfering with the land and recovery of possession of the disputed land.

The…