KWATEI QUARTEY NYLON & 3 ORS. V. FIDEL JONAH

JUDGMENT

DR. E. OWUSU-DAPAA, J.A.:

Introduction

[1]. My Lords, the appeal before us emanate from the judgment of the High Court (Land Division), Accra dated 1 July, 2021. A crucial issue resolution of which would determine our agreement or otherwise with the trial judge is whether a party to land action can be granted declaration of title  to a land different from the land clearly identified in the land title certificate relied upon by the claimant as the fulcrum of his case. An equally important issue presented by this appeal is whether a claimant whose land title certificate has been confirmed by uncontroverted survey report not relating to the exact disputed land can be granted title on basis of alternative plea of adverse possession.

[2]. In this appeal, we shall retain the original description of the Appellants as Defendants since all of them mounted the appeal. Respondent shall simply be referred to as Plaintiff. The Plaintiff by a writ of summons and statement of claim filed on 29t…