DR. E.V.C. DEGRAFT JOHNSON v. NII AKWANOR II

On 26-03-2009, the plaintiff, Dr. Edward Victor Collins Degraft Johnson, caused a writ of summons to issue in this court in which he claims the following reliefs:

1. A declaration that the defendant, Arnold Adu Addy, also known as Nii Akwaanor III, the chief of Ashalaja, is not entitled to lay any claim or prevent the plaintiff’s servant or servants from entering onto the plaintiff’s land purchased by the plaintiff on 23-04-1976 from the defendant’s stool family stamped and registered at the Deeds Registry as No. 1835/1997 described in the schedule thereto as ALL THAT PIECE AND PARCEL OF LAND situate lying and being at Ashalaja near Accra in the Greater Accra Region aforesaid and bounded on the North by Akwaanor Family Land for a distance of 2535 feet or more or less from EVC de GJ 19 – EVC de GJ 22, bounded on the South by F.P.C. Ashalaja Farms and Akwaanor Family Land for a distance of 2426 feet more or less from EVC de GJ 10 – EVC 6, bounded on the East by Akwaanor Family Land for a distance of 4352 feet more or less from EVC de GJ 22 – EVC de GJ and bounded on the West by Akwaanor Family Land for a distance of 4330 feet more or less from EVC de GJ 10 – EVC de GJ 17 and covering an approximate area of 200 acres (80.92 Hectares) which said piece or parcel of land is more particularly delineated on the Plan thereto attached and thereon edged PINK.

2. A declaration of trespass by the defendant or persons claiming title from them as by the defendant’s conduct and unlawful acts has granted or allowed various portions of the land knowing that he the defendant or his agents are not entitled to grant any portion of the said land as same has earlier on been alienated to the plaintiff as by the grant aforesaid.

3. Mandatory order directed at the defendant that he shall allow the plaintiff to freely enter onto any part of the said land to demarcate and survey any portion of the said land without any interference from the defendant.

4. Order of perpetual injunction restraining the defendant or any member of the Stool Family for the time being, his servants or agents for the time being from entering onto the plaintiff’s land described above and interfering with the plaintiff’s quiet enjoyment, his servants, agents or person deriving title from the plaintiff.

5. Damages for trespass.

In the accompanying statement of claim, the plaintiff avers that he is the owner in possession of the land in issue having purchased same in 1976 for ¢2,000.00 (old currency).