ADU KOFI DJIN vs JOHN KWEKU AACHT & ANOR

On the 18th day of April, 2023, the Plaintiff issued a Writ of Summons with Statement of Claim against the 1st and 2nd Defendants claiming the following:

a) Declaration of title to all that 6.08-acre parcel of land at Pokrom-Mantease bounded on the North-East by Plaintiff’s property measuring 660.8 feet more or less on the South–West by Plaintiff’s property measuring 646.3 feet more or less on the South-East by Ofei Yaw’s property measuring 153.9 feet more or less on the North-West by Plaintiff’s property measuring 729.6 feet more or less.

b) Recovery of possession of the said land.

c) Perpetual Injunction restraining the 1st Defendant, his servants, agents, privies and assigns from entering the said land for any purpose or in any way disturbing or interfering with the Plaintiff’s and or his tenant’s right to possession of the said land or quiet enjoyment of possession of the said land.

d) Damages; special and general.

e) Order for the 2nd Defendant to ensure Plaintiff’s ownership of the said land is registered in their records.

The 1st defendant was served with the writ of summons and statement of claim on the 15/08/2023 by substituted service in accordance with Order 7 Rule 6 of High Court Civil Procedure Rules, 2004 (C.I. 47) by the court differently constituted. The 2nd defendant was served with the writ of summons and statement of claim through its secretary called E. Johnson on the 28th April 2023. The defendants failed and/or neglected to enter appearance neither did they file a statement of defence. A search conducted at the registry of this court on the 23rd January, 2024 showed that 1st Defendant was served on 15th August, 2023 and 2nd Defendant served on 28th April, 2023.

The plaintiff on the 14/2/2024 applied to this honourable court for the suit to be set down for trial pursuant to Order 10 Rule 6 of the High Court Civil Procedure Rules, 2004 (C.I. 47). The said application by a motion on notice to set down the matter for trial was served on the 2nd defendant. The 1st defendant was served by substituted service on the 26/03/2024.

Subsequently, on 24th May, 2024, the matter was set down for trial. The court ordered that Witness Statements, together with pre-trial checklist be filed by 10th June, 2024. Case Management Conference was set for 21st June, 2024. The Trial for the suit was slated for 12th July, 2024 with an order of the court to serve all processes on the 1st Defendant by substituted service. The trial of the suit comme