MORGAN KWAME OPOKU V. AKOSUA OSAA

JUDGMENT

SOWAH, J.A.

Introduction

The Plaintiff/Appellant commenced an action at the High Court, Accra for a declaration of title to a piece or parcel of land at Onyinase opposite the Odogono Senior High School, recovery of possession, damages and perpetual injunction. The suit was originally commenced by the plaintiff/appellant against just the 1^st Defendant/Respondent. However subsequently, one Augustina Akyea was joined as second defendant. However, after the trial court dismissed her counterclaim and decided in favour of the 1^st defendant/respondent, the second defendant did not join the appeal. Hereafter the plaintiff/appellant and the 1^st defendant/respondent will be referred to respectively as ‘the appellant’ and ‘the respondent’.

Background Facts

The Appellant, Morgan Kwame Opoku acquired a piece of land in 2005 through an assignment made to him by one Dauda Larbi (herein after called the Grantor). An indenture exhibit C, indicates that the grantor’s interest in the land which was …