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JUDGMENT
The Plaintiff herein Betty Richards instituted an action against the 1st and 2nd
Defendants, Mr.Solomon Mensah and Mr. George T. Quarshie respectively as per
her amended Writ of Summons and Statement of claim filed on 3rd of December, 2020
pursuant to this Court Order dated 20th November, 2020.
Plaintiff claims against the Defendants jointly and severally as follows:
a) A declaration of title to all that piece or parcel of land situate, lying and
being at
Dawhenya in the Greater Accra Region of the Republic of Ghana bounded on
the North-East by Lessor’s land measuring 182.3 feet more or less, on the
South-East by a proposed road measuring 140.1 feet more or less, on the South-
West by Lessor’s land measuring 202.0 feet more or less on the North-West by
a proposed road measuring 141.2 feet more or less and more particularly
described as containing an approximate area of 0.62 Acre or 0.25 Hectare.
b. Recovery of possession of relief (a).
c. Perpetual injunction against the Defendant, his agents, assigns, privies,
workmen and all persons claiming through him from dealing with the land in
whatsoever manner described.
d. Specific damages of GH¢4,100.00 being total cost of the damages caused to
Plaintiff’s properties on the land by the Defendant.
e. General damages for trespass
f. Cost including solicitor’s fees assessed at the Ghana Bar Association’s scale
of fees.
Plaintiff’s case
Plaintiff is a Ghanaian resident in Canada. Plaintiff avers that she acquired the parcel
of land measuring 0.62 acre or 0.25 hectare from the Osu-Ablade Wem Family of
Prampram Traditional Area through its Head of Family, Abraham Nuer Nortey in
December 2012.
Plaintiff avers that before acquiring the said land, she caused a Search to be conducted
at the Lands Commission which results indicated that the land was not affected by
any transaction. Thus upon acquiring the land she constructed a fence wall around
the land, fixed a metal gate at the entrance and commenced a building project on same.
It is Plaintiff’s case that she had remained in peaceful occupation and possession of
the land until she returned home in early 2020 and found out that someone had
damaged her metal gate and had started construction on a portion of her land, the
subject matter of this suit.
Her enquiries revealed that it is the 1st Defendant herein who has caused damage to
her property and was building on the land. Plaintiff’s assessment of the damages
caused to her property i