MARY LARLEY NUNOO vs. MANASE ATAGLO

The appellant/plaintiff claimed title to a parcel of land at Sowutuom/West Akweteman, Accra, said to have been originally granted to her by the Asere Stool and later reacquired from Charosse Stores after discovering prior registration at the Lands Commission. She asserted long possession, including fencing the land and constructing stores, and alleged that the respondent/defendant broke portions of the fence and structures, entered the land, built on it, and let it to tenants. The respondent denied her title, claimed purchase from the Abola Piam family in 1997, relied on an indenture and a provisional land certificate, and pleaded limitation and indefeasibility of title. Source in judgment: opening “FACTS” section and subsequent narration of the parties’ evidence.

DORDZIE (MRS), JSC:- FACTS: This matter originated from the High Court Accra where the plaintiff who is the appellant herein initiated a suit against the defendant for the following reliefs: 1. Declaration of title to all that piece of land described in the schedule to the statement of claim as follows: “All that piece of land situate lying and being at West Akweteman, Accra and bounded on the North by Charosse stores land measuring 67.7ft more or less on the East by proposed road measuring 103.3ft more or less on the South by proposed road measuring 67,6ft more or less on the West by Charosse Stores land measuring 1001.3ft more or less and containing an approximate area of 0.158 Acre or 0.06 hectares which said piece or parcel of land is more particularly delineated.” 2. Perpetual injunction restraining the defendant, his agents, assigns, successors from interfering with plaintiff’s quiet enjoyment. 3. An order cancelling the defendant’s title certificate 4. Recovery of...