DR. OSBERT NYARKO ADJEI V. DANIEL MCKORLEY

JUDGMENT

KULENDI JSC.

INTRODUCTION:

1. We have before us an appeal against the judgment of the Court of Appeal dated the 29th of June, 2022 wherein the Court of Appeal coram: Dennis Adjei, Bartels-Kodwo JJA. (as they then were); Eric Kyei Baffour J.A, reversed the decision of the High Court delivered on the 17th of July, 2019 coram: His Lordship Justice Anthony-Oppong.

2. For ease of reference, we shall maintain the original designations of the parties and refer to them as Plaintiff and Respondent respectively.

PLAINTIFF’S CASE

3. By an amended Statement of Claim filed on the 25th of April, 2016, the Plaintiff averred that around 30th of September, 2006, he obtained a leasehold interest for Ninety-Nine (99) years in respect of two plots of land measuring 0.553 acres, granted by Nii Sodjah Obodai, acting in his role as Acting Chief of Mpehuasem, situated at East Legon Extension, Accra. This leased property was identified by the Plaintiff as Plots 1 and 35.

4. The Plaintiff claims that construction comme…