ANYETEI ALEMONAI v. DA-COSTA A. OWUSU

BY COURT:

By the Plaintiff’s Writ of Summons and Statement of Claim issued on 10th February, 2006, the following reliefs were claimed for and on behalf of the estate of Nuomo Nai Alemonai.

1. A declaration of title to all that piece or parcel of land situate lying and being at Fafraha, Accra and bounded on the North-East by proposed road measuring 500 feet more or less, on the South West by proposed road measuring 500 feet more or less, on the North-West by Vendor’s land measuring 200 feet more or less and covering an approximate of 2.30 Acres, which piece of land is more particularly delineated on the Site Plan attached to the Deed of Purchase dated 16th August, 1978 and Registered at the Deed’s Registry as No. 3315/1979 and thereon shewn pink which shows the relevant measurements.
2. Recovery of possession of the said land.
3. An order of Perpetual Injunction restraining Defendant, his servants, agents and or assigns from doing anything inconsistent with plaintiff’s ownership of the said land.
4. General damages for trespass.

When the Writ and the Statement of Claim were served on the Defendant, he entered appearance and filed defence and Counter-Claim on 2nd March, 2006. The Defendant filed amended statement of Defence to the Statement of Claim and Amended Statement of Claim.

Going through the docket, I did not find any Amended Statement of Claim. There is however evidence on the docket to the effect that on 4th June, 2007 the Amended Statement of Defence was struck out as withdrawn. This withdrawal left the Defendant’s original Counter-Claim as follows:

a) A declaration of title to all that piece or parcel of land measuring 2.297 Acres and more delineated on Cadestral Plan prepared by Survey Department and signed by the Regional Director, Greater Accra.

b) A perpetual Injunction to restrain the Plaintiff, his servants, agents, workmen, assigns and privies from holding themselves out as owners, custodians or persons duly authorised to grant, convey or dispose of any portion of the said lands and the possession and enjoyment of the land in dispute and in any manner whatsoever from harassing the Defendant or his agents and servants or assigns.

c) General and punitive damages for trespass.

d) Costs.

The gist of the Plaintiff’s case as gleaned from his Statement of Claim is that his late father Nuomo Nai Alemoani purchased the land described in his Writ of Summons from Nii Adjei Komey Okpoi and Atofotse Tet