AZIMI SHAARANI vs REV. WILLIAM AMANKWAH

Plaintiff’s Case By an amended writ of summons and statement of claim filed on 2nd December 2013, the plaintiff claimed the following reliefs against the defendant: i. Declaration of title to all the piece or parcel of land being the subject matter of this suit as claimed by Plaintiff and described in paragraph 3 of the statement of claim.

Declaration that any or all grant, alienation, licences etc.

made in respect of Plaintiff’s land so described, by or in favour of the Defendant, without the consent and concurrence of Plaintiff are null and void.

Declaration that Plaintiff’s land title certificate Land Certificate No. TD 7841, Vol.

018 with Folio No. 1953 covering the Plaintiff’s land was validly issued in accordance with law and practice.

Recovery of possession of the portion of Plaintiff’s land trespassed upon by the Defendant.

v. Special damages in the sum of GH₵6, 785. 00 which represent expenses incurred in rebuilding fence wall demolished by the Defendant, his agents, assigns and/or representatives.

Damages for trespass.

Perpetual injunction restraining the Defendant or his agents, assigns workmen, representatives, grantees, etc.

and all other persons laying adverse claim and title to that of the Plaintiff from trespassing on, carrying out activities, developing, constructing or in any way interfering with the interest of the Plaintiff’s title in the land described herein.

A declaration that Plaintiff’s Land Certificate covering his land and with the particulars Land Certificate No. TD 7841, Vol.

018 with Folio No. 1953 is valid.

An order for the demolition of all or any structure(s), buildings, developments etc.

on Plaintiff’s land as erected by the defendant or his agents, successors in title, privies, relations or representatives etc.

x. An order directed at the Lands Commission to cancel, nullify and expunge from its records any registration of any document, indenture or title deeds in the name of the Defendant in so far as same covers or touches and concerns Plaintiff’s Land.

Any orders as the Court may deem fit to make.

Costs xiii.

Legal Fees.

It is the plaintiff’s case that he acquired the land in dispute from his grantors, the Ashong Mlitse Family of Odaiteitse We of Teshie, Accra on 17th May 2006, entered into possession by depositing sand, stones and blocks on the land.

He also fenced the land and has been in effective possession of same ever since.

He was issued with an indenture which was stamped as LVD 647B/13 and s