ALHAJI IBRAHIM VS NAJIM INDUSTRIES LTD & ANOR

Plaintiff’s case The original writ in this suit was issued on 24th October 2018 and it was later amended on 29th March 2019 pursuant to an order for joinder dated 21st March 2019 joining the Lands Commission as a 2nd defendant to the suit.

In his statement of claim, the plaintiff described himself as a businessman residing in the city of Accra and he refers to the 1st defendant as a trespasser who has trespassed on his land.

It is the plaintiff’s case that he acquired the land in dispute sometime in 1960 by way of a customary grant from the Teshie stool, owners of the land in dispute and he was put in vacant possession of the land.

He initially farmed on the land and he constructed a structure on the land to accommodate his caretakers and farm hands.

The plaintiff asserted that the land in dispute is part of the larger lands belonging to Teshie which they purchased and settled on in the early part of the 18th century and the Teshie ownership of lands in those areas has been confirmed by the Supreme Court.

The plaintiff asserted that due to fast urbanization in the area, he stopped farming and had his grant documented in the 1990s which was evidenced by a deed of indenture dated 10th October 1990 executed by the Mankralo of Teshie in his favour.

The plaintiff continued that he has been in undisturbed possession of the land without let or hindrance until recently when the 1st defendant company’s agents came unto the land claiming that the land belongs to the 1st defendant company.

They demolished all his structures on the land and they have cleared the land, and with the assistance of the police, the 1st defendant is attempting to develop the land.

The plaintiff further asserted that all efforts to get the 1st defendant off the land has proved futile and it is only the intervention of the court that will curtail the acts of the 1st defendant over his land.

The plaintiff therefore instituted this action claiming the following reliefs against the defendants: i. Declaration of title to all that parcel of land situate and being at East Airport, Ga Central containing an approximate area of 1. 86 acre (0. 75 hectare) more or less, bounded on the North by a proposed road measuring 228. 2 feet more or less, on the North East by a proposed road measuring 38. 0 feet and 267. 4 feet more or less, on the South East by lessor’s land measuring 16. 0 feet and 253. 7 feet more or less, on the West by Teshie stool land measuring 325. 2 feet more or less.

Recovery o