BENJAMIN QUAYE V. EMMANUEL MENSAH

JUDGMENT

CHARWAY, J.

The plaintiff, Benjamin Quaye, filed suit in the High Court against the defendant,  Emmanuel Mensah, for declaration of title to land, recovery of land, order for  demolition of the fence wall erected by the defendant and a perpetual injunction  to restrain defendant from interfering with the land in dispute. 

In the accompanying statement of claim, plaintiff asserted that he was the son  and customary successor of the late Felicia Aborsey, (hereafter referred to as the  deceased) while defendant was a trespasser on a parcel of land that belonged to  the deceased. According to plaintiff the deceased purchased the land in dispute  from the late E.A. Aryeequaye in 1975 at the cost of GHC600.00. Before this  purchase the deceased had conducted a search which disclosed that her vendor  had registered his interests in the land in dispute and same had been indexed as number 1868/1975. Plaintiff further claimed that the deceased was issued  with a receipt dated 7th May 197…