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JUDGMENT
1.0 The Plaintiff by her Writ of Summons dated 13th July 2013, which was
subsequently amended was asking for the following reliefs against the
Defendants:
a) Declaration of title to all that piece or parcel of land situate and being
at Ashongman in the Ga-East District and containing an approximate
area of 0.46 acres or 0.18 hectares more or less and bounded on the
North by proposed road measuring 100 feet more or less on the East
by lessors land measuring 200.3 feet more or less on the south by
proposed road measuring 99.1 feet more or less on the west by
proposed road measuring 200.3 feet more or less which piece or
parcel of land is more particularly delineated on the plan attached
hereto and thereon shewn edged pink….” So described in a Deed of
lease executed between Nii Aryee Annang, Head and Lawful
representative of Odai Ntow family of Ashongman and Delali Abra
Dogbe (Plaintiff herein).
b) Damages of Fifty Three Thousand One Hundred and Thirty Ghana
Cedis (GH¢53,130.00) being the cost of destruction of the property of
the Plaintiffs who were on the land at the time the Defendants
entered the land which damage is particularized in the Statement of
Claim.
c) General damages for trespass.
d) An order of perpetual injunction restraining the Defendants, their
servants, workmen or agents or otherwise whomsoever described
from entering the said land and from constructing a building on the
land or performing any acts of trespass or other acts that interfere
with ownership rights of 1st Plaintiff to the land.
e) Cost.
2.0 Defendants entered appearance to Plaintiffs’ Writ of Summons and
filed their Statement of Defence and counterclaim for the following
reliefs:-
i) Declaration of possessory title in favour of the 1st Defendant in
respect of ALL THAT PIECE OR PARCEL OF LAND situate lying
and being at East Kwabenya Accra and bounded on the North by
a proposed road measuring 152.1 feet more or less on the south
by proposed road measuring 204.0 feet more or less on the East
by proposed road measuring 222.15 feet more or less on the west
by proposed road measuring 222.10 feet more or less and
containing an approximate area of 0.98 acre or 0.40 hectares.
ii) Perpetual injunction restraining the Plaintiffs, their agents,
assigns and servants from disturbing the 1st Defendant from his
quiet enjoyment of the land in dispute.
iii) Costs inclusive of legal and administrative cost.
THE CASE OF THE PLAINTIFF
3.0 The 1st Plaintiff