DR. KWASI BOADU v. ERIC KWAME KPOTI

By Court: Judgment:-

On or about 25th August 2011, plaintiff obtained an interlocutory judgment upon an application on notice. On that application, it was observed that although defendant was served, he did not come to court to say anything. However, after obtaining the interlocutory judgment, the court directed plaintiff to serve the defendant with entry of interlocutory judgment together with hearing notice to afford the defendant the opportunity of contesting the claim of plaintiff if he was minded to. Yet again, the defendant disregarded the process and refused to come to court, the service of the processes on him notwithstanding. Under the circumstance, the court was constrained to proceed with the case. Plaintiff has adduced evidence to the effect that he first started farming on the land and when the township spread to the area, he obtained grant of about 10.74 acres of the farm land. He took steps to secure it by raising corner pillars. He also tendered into evidence Exhibit ‘A’, a registered indenture evidencing title having been transferred to him by the original owners, Nai Odupong Awushie Tetteh II, the chief of Odupong Ofankor Anane Royal Family. He took all steps to stop defendant from further developing the land but to no avail. He was therefore constrained to sue the defendant who has once again ignored the processes of the court contemptuously. In the circumstance; I enter final judgment in favour of plaintiff. Accordingly, he is declared the owner of the land depicted in the site plan attached to Exhibit ‘A’. For damages for trespass plaintiff is awarded the sum of GH¢5,000. I order recovery of possession of the land in favour of plaintiff. I further order that all construction on the land be demolished. Plaintiff is awarded costs of GH¢2,000.00.

(SGD) ANTHONY OPPONG

JUSTICE OF THE HIGH COURT.