ALEX OPPONG v. ERASMUS ASAMOAH & 4 ORS

BY COURT:

On 22nd June, 2004 the Plaintiff filed this writ, accompanied by a statement of claim against the Defendants herein for the underlisted reliefs, which have been reproduced as appeared in the Writ.

a) A declaration of title to all that piece of land situate, lying and being at New Ashongman in Accra and covering an approximate area of 3.17 Acres.

b) Recovery of possession of the said land.

c) Perpetual Injunction to restrain the Defendant, his agents, servants and assigns from interfering with the possession and quiet enjoyment of the Plailntiff.

d) General damage for trespass.

The Plaintiff traced his root of title from one Nii Iddirisu Ayaa Tettey whom he claimed gave him a sublease. Nii Iddirisu Ayaa Tettey claimed to have come by this land as one of the administrators of the estate of Ayaa Kwabla, who had the land as a gift from Peter Mensah Anteh (deceased) then head of Odai Ntow Family. The other adminstrators of the estate of Ayaa Kwabla are Kai Ayaa Kwabla and Korley Ayaa kwabla.

The Defendants denied the Plaintiff’s claim and Counter-Claimed as follows:

a) Declaration of title to their various plots of lands described in their schedules.

b) Perpetual Injunction restraining the Plaintiff, their servants, licensees assigns etc from having any dealings with or on the said property.

c) General damages for trespass.

d) Specific damages for destroying the buildings of the defendants at various stages of completion as follows:

1st Defendant - ¢20,822,000.00

2nd Defendant - ¢ 4,161,000.00

3rd Defendant - ¢1,500.000.00

e) Costs.

The Defendants traced their title from Nii Ngleshie Addy V as the head and lawful representative of Aboasa Family, Kwabenya, with the consent and concurrence of the principal members of the said family. The defendants pleaded further that the interest of their lessor was registered at the Land Title Registry on 6th day of August ,1993 as Number 06. X. 2813/1 with Land Certificate Number GA 6187 Vol. 06 Folio 40.

The issues that were set down for resolution were as follows:

1. Wether or not the Plaintiff’s land at New Ashongman is the same as the Defendants land at North Kwabenya.

2. Whether or not the proprietary rights of Plaintiff’s grantors and the subsequent registration of Plaintiff’s land has been challenged by the Defendants’ grantors at the Court at Lands Commission.

3. Whether or not the grantors of the land to the Defendants are the allodial owners of the land in dispute.

4. Whether or no