ATLANTIC INTERNATIONAL CO. LTD VS JACOB MENSAH ADJETEY & ORS

1. The Plaintiff claims to have acquired the disputed land in June 1978 by way of a lease and same registered at the Land Registry as No. 746/1985. The Plaintiff claims to have been in undisturbed possession until the Defendant without its knowledge or consent, entered the land and commenced building activities including digging a foundation thereon.

It is the case of the plaintiff that prior to the encroachment, the Plaintiff had in the year 2013 leased the land to one Madam Gladys Enti of Gladma Ventures who had commenced building on the land.

Before the lease to Madam Gladys, a search conducted at the Land Registry dated 13th September 2012 revealed the registration in the name of the Plaintiff.

In December 2012, the Plaintiff’s ownership of the land was confirmed by the Ashaley Botwe family led by one Michael Dsane who received substantial payments from the Plaintiff in consideration.

However, the Defendants have defied all warnings from the Plaintiff to vacate the land and or stop further encroachment until the police came in at the instance of the Plaintiff to prevent a breach of the peace.

The Defendants activities have disrupted its plans for the development of the land and caused considerable financial loss and hardship to the Plaintiff.

The Plaintiff described its land as all that piece or parcel of land situate, lying and being at Ashaley Botwe containing an approximate area of 1. 91 acres, bounded on the North by a proposed road measuring approximately 320 feet, on the East by a proposed road measuring respectively 190 and 180 feet approximately, on the South by Lessor's land and partly by proposed road measuring approximately 170, 120 x 30 feet respectively and on the West by a proposed road and partly by Lessor's land measuring approximately 200 feet and 185 feet respectively.

The Plaintiff claims the following reliefs: a. A declaration of title to all that piece or parcel of land situate, lying and being at Ashalebotwe.

b. Damages for trespass and unwarranted harassment of Plaintiff and his agents and assigns by the Defendants.

c. An order for perpetual injunction restraining the Defendants, their agents, assigns and servants and workmen from entering the Plaintiff’s land or in any manner dealing with the same to the detriment of the Plaintiff.

2. The 3rd Defendant was not originally part of the suit.

He was joined by an order of the court on the 5th of July 2017 after he was served with the motion for joinder on the 14th of Jun