DR SAMUEL BOATENG ASAMOAH vs SULLEY MOHAMMED

THE PLAINTIFF’S CASE

The Plaintiff claimed to have acquired the disputed land from one Charles Kwesi Gyasi in August 2014 per an indenture. According to him he has registered his interest in the said land and has been issued with a Land Title Certificate No. GA 47249 dated the 19th day of April, 2015. It is his case that he has constructed a storey building on the disputed land which he did by giving monies to people who were coming down from the UK to be given to his grantor (Charles Kwesi Gyasi) to put up that said storey building for him.

The Plaintiff' further alleged that in or about 2020, Defendant in this suit trespassed unto the disputed land with the aid of land guards and all efforts to remove them from the land proved futile hence the present action which are for the following reliefs

“a. A declaration of title to land and building erected thereon as described in the schedule.

b. An order of eviction from the property Defendant and all his agents.

c. An order of perpetual injunction restraining.

d. An order of perpetual injunction to restrain the Defendant, his agents, assigns, workers and all who cometh unto the land at the instance of the Defendant.

e. General Damages for Trespass.”

The Plaintiff is seeking the said declaration in respect of “ALL THAT piece or parcel of land in extent 0.28 hectare (0.68 of an acre) more or less being parcel No. 10, Block 12 , Section 135 situate at Pantang in the Greater Accra Region of the Republic of Ghana aforesaid as delineated on Registry Map No. 005/135/1993 in the Land Title Registry, Victoriaborg, Accra and being the piece and parcel of land shown and edged pink color on Plan No. 555/200”

THE DEFENDANT’S CASE

The Defendant denied the claims made by the Plaintiff supra and contends that he accompanied his friend John Mensah-Bonsu to purchase a piece of land situated at Pantang from Charles Kwesi Gyasi at the cost of GHc34,000.00 (Thirty Four Thousand Ghana Cedis). Part payment of Twenty Six Thousand Ghana Cedis (Ghc 26,000.00) was paid to the said Charles Kwesi Gyasi. However when a search was conducted by John Mensah- Bonsu he observed that the land had been plotted in the name of Osamanpa Company Ltd. As a result John Mensah-Bonsu asked for a refund from the said Charles Kwesi Gyasi but he failed to make a refund. To save the situation he (Defendant) opted to purchase the said plot after Charles Kwesi Gyasi had assured him that he would atone tenancy to the said company to