BEATRICE KORKOR CODJOE & ANOTHER vs FRANCIS OSEI ADUTWUM

The Plaintiff herein caused a Writ of Summons to be issued at the Court’s Registry against the Defendant claiming for the following reliefs:

a) A declaration that the Plaintiffs are the beneficial owners of All that piece or parcel of land situate, lying and being at Apenkwa and bounded on the North/West by a proposed road measuring a distance of 80 feet more or less on the South/East by a proposed road measuring a distance of 80 feet more or less on the North/East by the lessor’s property measuring a distance of 115 feet more or less on the South/West by the lessors property measuring a distance of 115 feet more or less containing the whole an area of 0.20 of an acre and which land is properly delineated on a site plan number 3959/1984;

b) An order for recovery of possession

c) An order of perpetual injunction restraining the Defendant whether by himself, his agent, servants, privies and assigns from interfering with the Plaintiffs possession of the land the subject matter of this suit;

d) Cost.

The Defendant entered appearance to the Plaintiffs’ writ and on the 8th June 2013 filed a defence to the writ but did not set out any counterclaim.

THE PLAINTIFFS’ CASE

The Plaintiffs are the widow and the daughter of the late Michael Frank Kwatiah and claim they are the beneficial owners of the land the subject matter of the instant suit.

It is the case of the Plaintiffs that the Apenkwa Branch of the Presbyterian Church of Ghana granted the land the subject matter of the instant suit to the late Michael Frank Kwatiah for his use and the transaction was evidenced in a Lease Agreement executed between the Apenkwa branch of the church and the late Michael Frank Kwatiah dated 17th August 1984.

It is Plaintiffs case that the Defendant is a mechanic to whom the Apenkwa Branch of the Presbyterian church let out a piece of land measuring 110 feet by 80 feet, for and on behalf of the late Michael Frank Kwatiah and which tenancy was evidenced in an agreement between the session of the Apenkwa Branch of the Presbyterian Church and the Defendant herein, and dated 11th June 1984.

That the land let out to the Defendant was to be used as a mechanic shop for a period of Ten (10) years.

The Plaintiffs say that the Defendant had ignored the purpose for which the land was given to him by the church and had rather put up a residential property where he resides at the moment.

That before the expiration of the Tenancy Agreement in 1994, Mr. Michael Frank Kwatiah died and