EBENEZER ARYEE QUAYE VS NII ASHONG KOJO III & ORS

Plaintiff’s Case The plaintiff describes himself as a businessman who operates a plumbing enterprise.

It is his case that in May 1995, he acquired a piece of land from the Nii Amoah Okromansah family of Amrahia acting by its lawful head and representative Nii Amoahfio II with the consent and concurrence of the principal members of the family.

His grantor demarcated the land for him and he was put in physical possession of the land and he marked his land with corner pillars.

It is the plaintiff’s case that he proceeded to register his land documents at the Land Registry where his grant was plotted on the Land Registry Map.

They then proceeded to publish his grant in the newspaper as part of the processes leading to the issuance of a Land Title Certificate.

The plaintiff asserts that he has been in undisturbed possession of the land for all these years until his possession was disturbed by the 2nd, 3rd and 4th defendants sometime in 2016. It is the plaintiff’s case that he reported the acts of trespass to the police and he later got to know that the said trespassers had supposedly been granted his land by the 1st defendant.

The plaintiff asserts that any such grant to the defendants is void as he has a valid grant from the Nii Amoah Okromansah family of Amrahia.

The plaintiff further states that quite apart from the fact that he has a valid grant, he has been on the land since 1995 and the Nii Amoah Okromansah family is estopped by his adverse possession as well as the Limitations Act from subsequently purporting to alienate his land to any of the defendants.

The plaintiff therefore claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land situate at Amrahia, Accra containing an approximate area of 0. 5acre more or less and bounded on the North West by Lessor’s land measuring 120 feet more or less, on the East by Lessor’s land measuring 190 feet more or less, on the South by proposed road measuring 120 feet more or less, and on the South West by proposed road measuring 40 feet, 30 feet, 50 feet respectively more or less.

Recovery of possession.

Damages for trespass.

An order of the honourable Court to remove and or demolish any offending structures placed on the land by defendants at the expense of defendants.

v. Perpetual injunction restraining the defendants by themselves, agents, privies, workmen or assigns from interfering in any way with plaintiffs’ quiet possession of the land.

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