BENYANASE FAUSTINA v. AKWASI ADDAE

JUDGEMENT

The Plaintiff filed a Writ of Summons against the defendant claiming the following

reliefs:

a. Declaration of tittle to a parcel or piece of land situate lying and being at Dambai

junction bounded on the North by property of sister Mary, on the South by the

Dambai main road, on the West by property of Madam Afia and on the East by

property of Kudor Kwame.

b. An order for recovery of possession of any portion of the Plaintiff’s land that has

been trespassed upon.

c. An order of perpetual injunction to restrain the Defendant, his agents, privies,

servants, workers or whosoever from interfering in any manner whatsoever with

the Plaintiff’s ownership and enjoyment of the land.

d. General damages.

e. Costs.

The Defendants denied the assertions of the Plaintiff and insisted that he has a defence to

plaintiff’s claims.

THE CASE OF THE PLAINTIFF

The case of the Plaintiff as can be glean from her pleadings and witness statement was

that sometime ago the defendant approached his late father for a piece of land to establish

a provision store. According to plaintiff his father who had a plot of land at the Dambai

junction gave a portion of the said land to the defendant without taking any payment for

it. Plaintiff said after the demise of her father the defendant is suddenly making a claim

over the land and has started developing same but was stopped by plaintiff whilst the

building was at the foundation level. But the defendant has ignored her and continue to

develop the land. Plaintiff testified that the head of her family, called a meeting and

invited the defendant to come and justify his interest in the land. Plaintiff said at the said

meeting the defendant told them that he bought the disputed land from plaintiff’s late

father in the presents of Asun Anane and Benyenase Kodo Kwame, who are all family

members of the plaintiff. According to plaintiff defendant also produced a receipt he

claimed was given to him by plaintiff’s late father but she has her doubts with the

document produced by the defendant.

The Plaintiff called her Auntie, Asun Deka as PW1. According to her, sometime ago the

defendant approached her and told her that he saw a plot of land at the road side near

the Dambai junction and when he enquired he was told that the said land belong to PW1’s

brother who is also plaintiff’s father. PW1 said the defendant asked her to lead him

(defendant) to plaintiff’s father so that together they will plead with plaint