CHARLES DANQUAH SMITH VS. LILIAN HEWARD MILLS

Plaintiff’s case By a writ of summons issued on 24th January 2017, the plaintiff claimed the following reliefs against the defendant: i. Declaration of title to the land described in Land Certificate No. GA 23701 as Parcel No. 217 Block 16 ii.

Perpetual injunction restraining the defendant from interfering with the plaintiff’s land.

General damages for trespass.

Costs for bringing the action on full recovery basis.

The plaintiff asserts that he is the owner of a piece of land situate at Abossey Okai which is covered by a land title certificate dated 9th January 2007 with number GA 23701. The plaintiff states that the land in dispute formed part of a larger tract of land that was the subject matter of a Deed of Sale from the Akumajay Stool to D. B. Halm in December 1942. D. B. Halm registered the said Deed of Sale at the Deeds Registry with registration number 1/02/1945. The plaintiff further states that upon the death of D. B. Halm, the land devolved on Thomas Hughes Halm.

The plaintiff continues that in the last will and testament of Thomas Hughes Halm, he devised the said land to Sammy Halm, the plaintiff’s grantor and the land was duly vested in Sammy Halm on 23rd February 1998. Sammy Halm also registered his interest and was issued with a land title certificate numbered GA 94990 dated 2nd October 1999. The plaintiff asserts that Sammy Halm sold one half of the land to him by a deed dated 9th February 2005. Upon acquisition of the land, he constructed a wall around the land and he permitted some mechanics to operate their business on the land.

He went ahead to register his interest and he was issued with a land title certificate as indicated earlier.

The plaintiff further asserts that the defendant has trespassed on his land claiming that the land formed part of her late husband’s estate and she has even gone ahead to offer the land for sale to third parties.

The plaintiff protested against the offer for sale which led to the defendant lodging a complaint with the Odorkor Police leading to the arrest of the plaintiff.

The plaintiff asserts that the defendant will not abate her acts of trespass unless compelled by the court, thus the present action seeking the reliefs as outlined above.

Defendant’s defence In her statement of defence, the defendant denied the essence of the plaintiff’s claims. It is her defence that the land in dispute was acquired by her late husband Fred Adjei Okoe from the Akumajay Stool around the year 2000. After the acqui