JUDGMENT
ADINYIRA (MRS), JSC
Both the plaintiff-appellant-respondent (plaintiff) and the Defendant-respondent-appellant (defendant) claimed title to the disputed land situated at East Legon. The identity of the land was not in dispute. The trial judge resolved the rival claims in favour of the defendant on grounds, inter alia, that the defendant was able to establish his root of title through the La Klanaa Quarter that owns the lands at Oteele-Bawaleshie of which the land in dispute formed part. As to the issue of possession the trial judge held that the fact that the plaintiff acquired the land in 1974 and erected walls did not mean she was in effective possession as against the true owner as she was a mere squatter. The trial judge also held that the mere fact that the plaintiff has registered title deeds as against the defendant does not validate the illegality since registered documents does not confer state guaranteed title to the disputed land.
The Court of Appeal reversed the tria…