EBENEZER AMARTEY v. DANIEL PINTO AND JOYCE ARTHUR

JUDGMENT

DZAMEFE, JA

The plaintiff issued a writ for the following claims;-

1. Declaration of title to all that piece of land described in paragraph 4 of the

statement of claim.

2. Recovery of possession

3. Perpetual injunction restraining the defendants, their agents, assigns, privies and

workmen from interfering with the plaintiff’s peaceful enjoyment of his

property.

Plaintiff, a businessman resident in Ashiaman, avered in his statement of claim that he

acquired a plot of land in the year 2006 from the Ashiaman Divisional Council (ADC)

for the construction of stores. Plaintiff averred he shares boundary with the defendants.

That he is in the process of regularising his grant with the Tema Development

Corporation (TDC) after the Tema Traditional Council (TTC) issued him with a

confirmation of the allocation of the said parcel of land to him.

Plaintiff averred further that the land in issue forms part of lands allocated to the Tema

Traditional Council by the Tema Development Corporation (TDC). He said he took

possession of the property and heaped stones and blocks there on.

It is his case that the defendant laid claim to his property and went ahead to report to

both the Ashiaman Divisional Council and Tema Traditional Council. Both authorities

demarcated the property for both of them and advised them to remain within their

respective boundaries.

Plaintiff said he commenced construction on the land but the defendants a`acked him

and had to report to police. He said the defendants have trespassed onto his property

and have placed containers thereon and mounted sheds on a portion. That the

defendants have also started construction on his land and laying adverse claim to same

hence this writ for his claims against the defendant.

DEFENCE AND COUNTERCLAIM

The defendants in their statement of defence averred that they are the administrators of

the estate of Okoe Pinto; deceased, who was their late father and they have documents

to that effect. They averred the land the subject ma`er of this suit forms part of the

estate of their late father. That the land is TDC land numbered Ash/T/E-172. The

defendants averred further that their father built a wooden house of the land and

resided therein till his demise and after his demise his children with the defendants

inclusive as well as his widows continued to reside in the said wooden house till date.

The defendant’s aver also that their late father had documents covering the land