This case concerns a small piece of land at Elmina and was commenced in the District Magistrate Court, Elmina by a writ of summons issued on 27th October, 2005. In this judgment the plaintiff/appellant/respondent/appellant will be referred to as “plaintiff” and the defendants/respondents/appellants/respondents as “defendants”.
The facts of the case are that the land in dispute formed part of land that was taken for the building of the SSNIT Flats at Elmina but was later surrendered to one Mrs Hannah Amissah. Before surrendering the land to Mrs Hannah Amissah, SSNIT permitted developments of portions of the land but did not make formal grants to the developers.
In year 2000 the defendants, who are husband and wife, acquired 1.36 acre of the land from Mrs Amissah and it is their case that the land in dispute formed part of their acquisition. Upon the acquisition, demarcation pillars were erected on the ground showing their boundaries. An indenture containing a site pla…