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JUDGMENT
Introduction
This action is essentially a land matter touching on the determination of the rights of the
parties over the disputed land. The Plaintiffs on 30th July, 2019 took out a Writ of
Summons against the first three Defendants. Subsequently, following a series of
amendments and joinders, the Writ of Summons was plagued with its final amendment
to include the 4th Defendant and same was filed on 3rd September, 2020.
Action
Thus per the writ of summons filed on 3rd September, 2020, the Plaintiffs claimed the
following reliefs against the defendants:
1. A declaration of Court to the effect that the land lying and being on the Cape
Coast-Jukwa Road on the right hand side from Cape Coast, which land is known
and called Wonyatu and bounded on the West by the Cape Coast Jukwa Road,
on the East by Tayirdo and Nyamebekyere, on the South by Yayaakoano and on
the North by Cape Coast Quarry, which land is in a total acreage of 37.51 more or
less is the property of the Plaintiffs Nana Kobena Dame Anona Family of
Wonyatu near Efutu, Cape Coast, which land its virginity was broken by the
ancestral figure of the Plaintiffs by name of Nana Kobena Dame.
2. An order of Court for a declaration to the effect that any purported land
transaction between the 1st and 2nd Defendants as agents for the 4th Defendant
and by extension including the 4th Defendant on one part, and the 3rd
Defendant on the other part is null and void or a nullity as the 4th Defendant has
no property or beneficial interest in the land which virgin forest has been broken
by the Plaintiffs ancestral figure Nana Kobena Dame and to Plaintiffs knowledge,
Plaintiffs ancestors has not conveyed any land to the 4th Defendant.
3. An order of Court directed at the Land commission secretariat, Cape Coast to
expunge from their records any purported document in respect of the subject
matter land registered by the 4th Defendant with the Commission.
4. An order of perpetual injunction restraining the 3rd and 4th Defendants, their
agents, privies, servants, servants, workmen and all persons claiming through or
in trust for them from having anything to do with the land the subject matter of
this litigation.
5. Cost incidental to the action including legal fees.
Settlement Agreement
During the pre-trial proceedings, the Plaintiffs brokered a settlement with the 3rd
Defendant. The settlement agreement was filed on 16th November, 2020, following
which the court adopted the said term