EBUS. THOMAS ABBEY v. GIFTY AMOAKO AIDOO

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. 68B O 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

In his evidence in chief before the Court, the Plaintiff testified as follows; My name is Thomas Abbey.

I live at H/No. 72/8, Kwesimintsim, l am the head of the Akona Family of Assakae. I do not know

the defendant but I know the land in dispute forms part of large tract of land which was acquired by

my ancestors as virgin forest. I say that the said tract of land was occupied by several family members

who cultivated various crops on same. At the time, my ancestor one Ebusuapanyin Kweku Essoun

was the family head, he caused the said tract of land to be demarcated into building plots. And my

predecessor then sold some of the plots that were realized from the demarcation to prospective buyers.

I say that on 17th July, 2008, defendant acquired the disputed land Plot No. 86B situate and lying at

Assakae from Ebususpanyin and after the acquisition of the said land Ebususapanyin Kweku Essoun

executed an indenture (Exhibit A) in favor of the Defendant. That per the indenture executed and the

covenants stated therein, the Defendant was given five (5) 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 and hereby attach exhibit B photograph showing the state of the land.

Ebusuapanyin Kweku Essoun died in 2011