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JUDGMENT
The Plaintiff caused writ to be issued out from the registry of this court on 16th January, 2023 and
served same on the Defendant claiming the following reliefs;
1. An order granting the Plaintiff leave to re-enter Plot No. 110 for the breach of covenant.
2. Any further Order(s) that this honorable Court deem fit.
The court ordered for substituted service to be effected on the Defendant due to the difficulties
experienced by court officers in getting Defendant to be served personally with the court processes.
The Defendant never showed up in court to respond to the claims of the Plaintiff despite consistent
pasting of orders for substituted service which were posted on the land in dispute and the notice
board of the courts per the dictates of the orders of the court. The court was then left with no choice
but to proceed to hear the case only on the side of the Plaintiff. Accordingly, after complying with
the orders of the court to file his witness statement, the Plaintiff was called upon to give his
testimony on 13/07/2023.
In his statement of claim before the Court, the Plaintiff averred that he is the head of Akona Family
of Assakae and resides at H/No. 72/8, Kwesimintsim. The Defendant are lessees of the Plaintiff.
The Plaintiff avers the land in dispute forms part of large tract of land which was acquired by his
ancestors as virgin forest. That the said tract of land was occupied by several family members
who cultivated various crops on same. At the time Ebusuapanyin Kweku Essoun became the
family head, he caused the said tract of land to be demarcated into building plots. Plaintiff avers
that his predecessor then sold some of the plots that were realized from the demarcation to
prospective buyers. Plaintiff says that on 1st July, 2008, defendant acquired the disputed land Plot
No. 110 situate and lying at Assakae from Ebususpanyin and after the acquisition of the said land
Ebususapanyin Kweku Essoun executed an indenture in favor of the Defendant. That per the
indenture executed and the covenants stated therein, the Defendant was given three (3) years to
erect or construct and complete a structure on the disputed land. The Defendant had failed to abide
by the said covenant in the lease therein, such that the Defendant had failed to erect or construct
on the land nor exercised any act of possession for about 15 years. That Ebusuapanyin Kweku
Essoun died in 2011 and Plaintiff was appointed as the new family head.
That Plaint