NII KWEI OKANG BADU (SUBSTITUTED BY JOSEPH NII ADJEI LARYEA) V. DANIEL MENSAH ABLORH & ORS.

JUDGMENT

ADJEI, J.A.

The Plaintiff/Appellant herein  for the  purposes of this appeal shall be referred to as the “Plaintiff” and the Defendants/Respondents as “Defendants”. The Plaintiff instituted the action which has resulted in this appeal in the Circuit Court, Accra claiming for a declaration of title to the land described in the schedule attached to the statement of claim, an order for perpetual injunction and damages for trespass. On 14th November, 2008, the trial Circuit Court dismissed the Plaintiff’s claim and entered judgment for the 1st Defendant on his counterclaim for declaration of title and perpetual injunction. The trial court however refused to  give damages for trespass against the Plaintiff.

The Plaintiff dissatisfied with the judgment of the Circuit Court filed an appeal against same on 16th December, 2008. The trial Circuit Court Judge found as a fact that the disputed property was owned by the Plaintiff but denied the Plaintiff’s title to the property by the invoca…