ROCKSON V. AGADZI AND ANOTHER

AMPIAH J.

On 25 June 1976, the plaintiff instituted this action against the defendant claiming:

(a) A declaration of title to land at Abeka, Accra, and

(b) An order of injunction to restrain the defendant, her servants and agents from interfering with the land in dispute.

On 9 July 1976, the plaintiff instituted a similar action against the Attorney-General (vide Land Suit No. 610/76). By the order of this court, dated 18 October 1976, the Attorney-General was joined as a co-defendant to this action; on 7 December 1976, Land Suit No. 610/76 was struck out with liberty. On 1 March 1977, the following issues were agreed upon and set down for trial:

“(1) Whether the plaintiff is the owner of the land in dispute, and

(2) Whether the co-defendant published and served on the plaintiff in accordance with the provisions of the State Lands Act, 1962 (Act 125), the relevant legislative instrument.”

The plaintiff’s case was that the land was granted to him as a gift in 1964 by the Asere stool. He t…