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JUDGMENT
JUDGMENT
1. This is judgment relates to land.
2. The plaintiff described himself a native of Tamale while the 1st defendant is the
proprietor of 2nd defendant. 2nd defendant is a private school registered under the laws
of Ghana.
3. Plaintiff per his amended Writ and Statement of Claim filed on 20th February, 2023
seeks against the defendants the following:
a. Declaration that plaintiff is the owner of all that piece or parcel of land
known as plot no. 88 situate and being at Choggu Manayili Residential Area
Block III and bounded by plots numbers 87 and 89 and access roads.
b. An order of mandatory injunction on the defendants to refill the foundation
trench they dug on plaintiff’s aforesaid plot.
c. An order of perpetual injunction restraining the defendants, their agents,
servants, assigns or persons claiming through them from interfering in
whatever manner with the plaintiff’s possession, ownership and use of his
plot as described herein above.
d. Recovery of possession.
e. Damages against the defendants for trespassing to the land.
f. Costs.
4. The defendants also per their amended Statement of Defence filed on 2nd March, 2023
disputed plaintiff’s claim saying that the 1st defendant is not a proper party to this suit
and also that the disputed property does not belong to the plaintiff. Plaintiff filed an
amended Reply dated 3rd March, 2023.
5. Prior to filing the amended processes, this court granted an interlocutory injunction
restraining all parties, their agents workmen, assigns, heirs or privies from developing
or having anything to do on the land in dispute, until the final determination of this
case. This court also joined the 2nd defendant to this suit. The defendants’ grantor
sought to join this suit but same was withdrawn. Defendants were, however, advised
to consider calling the said grantor as a witness, which they did.
6. The case of either party is detailed below.
PLAINTIFF’S CASE
7. Plaintiff per his amended witness statement filed on 7th March, 2023 averred that in
1999 he acquired the disputed plot and he was issued allocation paper by the then
Choggu-Naa Salifu Alhassan. After the allocation, plaintiff indicated that he took
possession of the said land and erected a two bedroom apartment at window level on
it. He put his brother, Yakubu Mohammed, in charge as a caretaker. Plaintiff
emphasized that in the 1st quarter of 2022, he continued the structure to lentel level,
without any hinderance.