ALHAJI SHEHU BADADRU & ANOR VS NII BLOFONYO & ORS

This action commenced with the Plaintiffs issuing a writ on the 8th of November, 2017, claiming for:

1. A DECLARATION OF TITLE in favour of the Plaintiff over the land encroached upon and being developed by the 1st Defendant, together with the land wrongfully granted to the 3rd Defendant by the 1st Defendant and on which the 3rd Defendant has erected a wooden structure being used as a church.

2. An order for recovery of possession of the land being developed by the 1st Defendant, together with the land on which the 3rd Defendant has erected a wooden structure being used as a church.

3. A declaration that the 1st Defendant has no capacity to grant or alienate any part of the Plaintiffs' land to the 3rd Defendant.

4. A declaration that the 1st – 6th Defendants are trespassers on the Plaintiffs' land.

5. An order of perpetual injunction restraining the 1st to the 6th Defendants, their servants, privies, agents, and whosoever called from further development of the Plaintiffs' land, entering and/or in any way continuing to use the Plaintiffs' land as a church.

6. An order for recovery of possession by the Plaintiffs of that part of the land over which the Plaintiffs granted a two-year lease to the 7th Defendant and which he continues to hold over after the expiration of the lease.

7. Mesne Profit of GH¢20,000.00 against the 7th Defendant for holding over the Plaintiffs' property after the expiration of the lease in 2013.

PLAINTIFF’S CASE

The Plaintiffs say they are joint beneficial owners of all the property consisting of a cluster of houses and bare land situate at No. 1C Allamanda Street, also known as No. 376/14 Allamanda Street, Dansoman Housing Estate, Accra, which property forms part of the Dansoman Estate, originally belonging to the State Housing Company Limited.

The Plaintiffs say that the State Housing Company Limited, as Lessors, granted a sixty (60) year lease over all that property, including the land in dispute situate and known as 1C Allamanda Street, also known as No. 376/14 Allamanda Street, Dansoman Housing Estate, Accra, to Madam Angelina Sawuda Mamah (hereinafter referred to as the deceased) with effect from 10th November, 1983. The deceased, they say, was their biological sister and was married to Alhaji DM Yussifu and had no biological child of her own.

The Plaintiffs say that the deceased died intestate on the 17th day of October, 1991, and Letters of Administration over her estate were granted jointly to Alhaji DM Yussi