AJEIKAI ADJEI OKPLENG VS JELLISTER AMARTEY & ANOR

Nii Okang Tsuru Dsane is the progenitor of two families namely the Nii Okang Tsuru Dsane family of Teshie Kle Krobo, Kpowuluno and Nmai Mensah Goteng family of Kpowulonu-Kweiman.

The Plaintiff herein initially acquired the disputed land from one Amartey Mensah who is from the latter family in May 2012. The two families engaged in a legal battle over a larger land which includes the disputed land and same was won by the Nii Okang Tsuru Dsane family of Teshie Kle Krobo, Kpowuluno. After this victory Amartey Mensah took the Plaintiff to Nii Okang Tsuru Dsane family of Teshie Kle Krobo, Kpowuluno for regularization of her indenture.

This was done by William Kotey Boyd Dsane who claimed to be the head of that family and an indenture dated 30th September 2020 was executed in her favour.

The 1st Defendant claiming to be the head of the Nii Okang Tsuru Dsane family of Teshie Kle Krobo, Kpowuluno in October 2020 instructed the 2nd Defendant to take over the land based on the fact that their family won and neither Amartey Mensah nor William Kotey Boyd Dsane havethe capacity to alienate the land to her because the former is a trespasser whilst the latter is not the head of family of the Nii Okang Tsuru Dsane family of Teshie Kle Krobo, Kpowuluno. The Plaintiff has resisted that claim alleging that the said William Kotey Boyd Dsane had the requisite capacity to alienate the land to her.

She has further claimed that in any case she is a bonafide purchaser for value without notice.

She has prayed this court to grant her the following reliefs; “i. Declaration of title to all that piece of parcel of land situate and lying at Kweiman, Accra bounded on the North East by lessor’s land measuring 219. 0 feet more or less on the South East by proposed road measuring 70. 0 feet more or less on the South West by Lessor’s land measuring 235. 4 feet more or less on the North West by lessor’s land measuring 81. 4 feet more or less and containing an approximate area of 0. 39 acres or 0. 16 hectares more or less ii.

Recovery of possession by the Plaintiffs from the Defendants portion of the land trespassed upon by the Defendants.

Perpetual Injunction restraining the Defendants, their agents, assigns, privies, successors or anybody claiming through them from interfering in any manner whatsoever with Plaintiff’s land and carrying out any constructional activities or carrying out any activity thereon iv.

General damages for trespass v. Costs. ”The Defendants as I have indicated s