BENJAMIN ANDOH v. KINGSLEY KWAME, ASAFOATSE TORTIME AND MR. SIMON

This action is essentially a land matter for which the Plaintiff is seeking among

other incidental reliefs a declaration of title to land.

The Plaintiff on the 29th of June 2020 filed the instant Writ of Summons against the

Defendants herein praying for the following reliefs;

(i) Declaration to all the piece of land situate, lying and being at

Abe Korpe(Dawhenya) in the Dangbe West District in the

Greater Accra Region of the Republic of Ghana and containing

an approximate area of 0.20 Acre or 0.0 Hectare more or less

and bounded on the North –East by Assignor’s land measuring

111.8 feet more or less, on the South-East by proposed road

measuring 79.2 feet more or less, on the South West by

proposed road measuring 115.0 feet more or less; on the North

–West by Assignor’s land measuring 80.0 feet more or less as

same is more particularly delineated on the plan in favour of 1st

Plaintiff.

(ii) Recovery of possession and further Demolition Order to

demolish all and other structures erected by Defendants and or

their agents, assigns and grantees.

(iii) Damages for trespass

(iv) Perpetual Injunction restraining all defendants whether by

themselves their agents, servants, workmen, operatives,

hirelings , privies, purported grantors, person(s) or entities

laying or tracing their interest or claim through them, from

entering upon any portion of the subject 0’16 Acre of Plaintiff’s

0.20 Acre of land and further restrained from dealing with the

said land and from carrying out any form of building

construction and from putting up any act which would amount

to disturbing Plaintiff’s continuous peaceful and quiet

enjoyment of the subject matter land.

(v) Costs, including solicitors fee on full indemnity basis.

The case of the Plaintiff in the Statement of Claim filed on the 29th of June, 2020 in

which Plaintiff traces the antecedent of his claim he describes himself as a Civil

Servant and the owner of the 0.20 acre parcel of land situate at

Abekorpe, Dawhenya in the Greater Accra Region.

Plaintiff avers in Paragraphs 2, 3, 4, 5 as follows;

Paragraph 2

By a deed of lease dated 17th day of October, 2012 made between Sky view

Developers Ltd, as Assignor therein and the Plaintiffs herein as Assignee, the

Plaintiff acquired the remainder of its Grantor’s 99 years lease hold interest in all

that 0.20 acre land situate at Dawhenya Abekorpe which parcel of land is

particularly described in the schedule hereto.

Paragraph 3

Plaintiff says