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JUDGMENT
Plaintiff filed a writ of summons and served 1st Defendant claiming Declaration of title and recovering of possession of a piece of land situated and lying at Asesewa Community “B” and bounded as follows: -
On one side by the property of Asesewa Aworworsu Road
On one side by the property Goergetse Sackitey Okoter
On one side by the property of Sackitey Maulede and
On one side by property of Ahulu.
Plaintiff prayed for perpetual injunction restraining the Defendant, assigns, agents’ family etc. from trespassing onto the land until final determination of suit.
General damages of GH¢20,000.00 and costs.
2nd Defendant was joined to the suit after putting in an application.
It is the case of plaintiff that his late father bought the piece of land in issue in 1955 from one Sackitey Maulede and enjoyed same for 35 years till his death when plaintiff inherited same and had been farming on it for five years now. That plaintiff visited the land one day and noticed Defendant had trespassed onto the land and was building a house on same. Plaintiff alleges he summoned Defendant before the Dadematse of Asesewa who warned Defendant to stop the building on the land and return land to plaintiff.
Defendants jointly filed and opposed the claims of plaintiff and avers land in dispute was owned by Okoter who had two sons namely Maulede Okoter and Sackitey Okoter. That after the death of Okoter the land was shared between his two sons. That later Maulede sold his land to one Akoto who had 3 (three) daughters and one happens to be the grandmother of plaintiff. Defendants avers plaintiff’s grandmother sold their property to one Mr. Sackie.
Sackitey Okoter also gifted a portion of his land to his in-law Maa Larmkie.
Defendants claimed Sackitey Okoter later sold portion of his land to Oponor Annor who is father of 2nd Defendant and another portion to Aponor Annor’s brother Mr. Ayer who is 1st Defendants late father and then another portion to Teye Terkper.
Defendants claim 2 (two) years ago plaintiff reported them to the police who arrested them and detained them but were later released when a delegation went on locus and found plaintiff’s claim to have land there as false.
Defendants counter claimed for declaration of title of all piece and parcel of land situate and lying at Asesewa bounded as follows: -
On one side by the property of Mr. Sackie
On one side by the property of Mr. Ayer
On one side by the property of Maa Larmkie
On one side by the property of the R