BETTY ABLA KUUTO v. GRACE ABABIO SUBST. BY FRANKLIN ABABIO

JUDGMENT:

1.0 INTRODUCTION:

The case of the Plaintiff as captured by her statement of claim is that she is a petty trader residing at Baatsona, near Accra. The Plaintiff avers that in or about 23rd January, 2004 she obtained a parcel of land on a ten year lease from the Railway Company of Ghana to put up a container for sale of assorted goods until the company was ready to reclaim same for its purposes.

1.1 The Plaintiff avers that she paid a consideration of GHS1,070.00 (One Thousand and Seventy Ghana Cedis) for the lease and pays yearly rent to the Railway Company of Ghana. The Plaintiff avers that the Railways Company of Ghana confirmed the transaction by a letter dated 25th November, 2008 to the Nungua Police when the Defendant sought to trespass on the said land.

1.2 The Plaintiff will state that a site plan covering the land was delivered to her by the Railway Company of Ghana. According to the Plaintiff a search conducted at the Lands Commission about the land in dispute indicated that it remains the property of the Railway Company of Ghana who are her lessors.

1.3 The Plaintiff avers that her lessor acquired a large parcel of land including the disputed parcel, under a certificate of title dated the 30th day of December, 1957. The Plaintiff avers that when she entered onto the land to place her container, the Defendant resisted and claimed she had obtained a lease of the land from a traditional leader.

1.4 The Plaintiff further avers that the Defendant dug a foundation in January, 2010 and started to construct a foundation for a building on the land but the Plaintiff reported her conduct to the Police Headquarters and she was ordered to stop. The Plaintiff avers that the land aforesaid is not the property of the Defendant’s lessor as the Plaintiff diligently conducted a search on same before dealing with the Railways Company.

1.5 Based on these facts, the Plaintiff prays for the following reliefs against the Defendant:

a. Declaration of title to a parcel of land measuring 40 feet by 80 feet the property of the railway company of Ghana leased to the Plaintiff by the Railways Company of Ghana in 2004 and which land is more particularly delineated and shown red on the site plan or title document of the Plaintiff herein.

b. Recovery of possession of the land in dispute.

**c. An order for perpetual injunction directed at the Defendant, her agents, assigns, representatives workmen or whosoever from