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JUDGMENT
JUDGMENT
The plaintiff filed a writ of summons and a statement of claim on 4th December 2020
praying for;
a) a declaration of title to a parcel of land situate at Amanfro in the Ga East District of
the Greater Accra Region of Ghana,
b) recovery of possession of the same parcel of land,
c) damages against the defendant for trespass,
d) a perpetual injunction restraining the defendant from entry onto the land,
e) costs of the action, including solicitor’s fees, and
f) any other relief deemed fit by the honourable court.
In her statement of claim, the plaintiff averred she was granted a parcel of land covering
an area of 0.872 acres bounded on the North-East, by a proposed road measuring 159.6
feet more or less, on the South-East, by the assignor’s land measuring 232.6 feet more or
less, on the South-West, by the assignor’s land measuring 167.3 feet more or less and on
the North-West, by the assignor’s land measuring 232.9 feet more or less.2
The land that is the subject-matter of the case was assigned to the plaintiff on 8th
November 2006 by Nii Adjetey Obour, Nii Adjetey Lomoh, Nii Adjetey Anang and Nii
Nmai Anang all of Accra, who were leased the land on 10th January 2005 by Emmanuel
Lomoh, Ataa Adjetey Kodjo and Lawrence Adjetey Anang with the consent and
concurrence of Nii Kpobi Tettey Tsuru II, La Mantse.
The plaintiff realised during a visit to the property that someone had dug up parts of
the property and deposited sand on it, so she decided to construct a fence wall. While
her men were working, two men on motorcycles came to stop them. She reported the
matter to the police who directed all interested persons to stop work on the land until
the matter was resolved. In January 2020 when the plaintiff visited the property, she
noticed that someone had trespassed on the property, built a fence wall, and made
further development on the land. The workers told her the land belonged to the
defendant and after she contacted him, the defendant refused to yield up possession of
the property to the plaintiff. Hence the instant action.
The defendant averred in his statement of defence that he purchased the land from Nii
Mensah Okpoti Kodia, Principal Elder of the Kplen We Family of Oyarifa for a
residential project somewhere in 2012 and immediately started developing it. While
working on the land, he was approached by an elderly woman (the plaintiff) who
claimed the land belonged to her. She would not listen to any of his explanati