2025
HIGH COURT
CORAM
AI Generated Summary
The Plaintiff brought a suit claiming declaration of title and ownership of a piece of land at BeposoLakeside, alleging that the Defendants had trespassed on the property. The dispute arose after a rainstorm destroyed the original homes, which led to the government allegedly allocating estate houses to the affected families. The Defendants did not appear in court or file any defense. The Court concluded that the Plaintiff failed to provide adequate evidence, such as documents and corroborative testimony, to support her claims. Consequently, the Plaintiff's request for a declaration of title and other reliefs were dismissed.
By her endorsement on her writ of summons and statement of claim dated February , 2024,the Plaintiff is claiming the following reliefs against the Defendants.
20t
a. An order for declaration of title and ownership to all that piece and parcel of land lying at BeposoLakeside, Ashanti bounded on the North by the Pemenase road on the south by the land of Opanin Atta Fosu; on the east by the Beposo Post office and on the west by the property of Opanin Kwabena Dwomoh in favour of Akosua Birago 's family of Beposo which currently the Defendants have trespassed upon and making adverse claims to same.
b An order for the recovery of possession of the disputed land, in favour of Akosua Birago 's family of Beposo.
C . An order of perpetual injunction restraining the Defendants, their assigns; privies; agents, workmen; and all manner of persons acting by them from interfering with Plaintiff s ownership; enjoyment and possessory rights of the disputed land.
d. Damages for unlawful trespass
e further order(s) this honourable Court may grant.
Any In her testimony before this court, the Plaintiff/ Attorney averred among others that, the Plaintiff who claim to be the immediate family head ofthe family of Akosua Birago Akosua Foda of Beposo Ashanti and also customary successor ofone Ama Serwaa (deceased) brought the instant matter for both herself and on behalf of members of Akosua Birago's family of Beposo.
The Plaintiff added that, the 1st Defendant is the niece and immediate family head of the family of Opanin Atta Fosu's family of Beposo; while the 2nd and 3rd Defendants are traders.According to the Plaintiff; several years ago, Akosua Birago @ Akosua Foda and Opanin Atta Fosu who were uterine siblings during their lifetime discovered and cultivated a piece and of land at its virgin state at BeposoLakeside.
After the discovery of the of land, Akosua Birago Akosua Foda and Opanin Atta Fosu, the grandparents of the Plaintiff and Ist Defendant respectively , divided the land into two portions amongst themselves where each built their separate houses on their respective portions, and thereafter; lived peacefully on their respective portions of the land without interference from each other.
parcel parcel they Several years there was a rainstorm which destroyed both houses; the Plaintiff added The Plaintiff averred that, the government in power at that time introduced a policy where granted estate houses to displaced victims of the rainstorm She averred further that