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JUDGMENT
The plaintiffs issued a writ of summons at the District Court; Agona Nkwanta claiming
against the defendant for a number of reliefs.
(1) An order directed at the defendant to demolish the structure he had
constructed on 1st plaintiff Royal Ebiradze land which had been given to
Oman of Elobankata for the use of Community Centre.
(2) Perpetual injunction restraining defendant, his agents, assigns and persons
claiming through him from interfering with plaintiff and the Oman of
Ellobankata’s ownership of the said land.
(3) Recovery of possession.
The 1st plaintiff testified on his own behalf as the head of Royal Ebiridze family of
Ellobankata and that of 2nd, 3rd and 4th plaintiffs. The 2nd, 3rd and 4th plaintiff are
described as elders of the Oman of Ellobankata. According to 1st plaintiff; his family
granted a portion of land to the community (Oman) to use it to build a Community
Centre. The community through the assistance of the then Member of Parliament (MP)
built the Community Centre on the portion of the land granted to the Oman. According
to the plaintiffs, the defendant subsequently trespassed on the part of the land granted
to the Oman to build a structure very close to the Community centre and that the
distance between the defendant’s building structure and the Community Centre flouts
the provision of Local Governance Act, 2016 [Act 936] and as a result the Municipal
Assembly has refused to issue a building permit to defendant nevertheless defendant
persisted in building the structure on portions of the land granted to the Oman and in
direct violation of building regulations stated in Act 936. The plaintiff therefore prays to
the court to grant their reliefs.
The defence disputed the evidence adduce by plaintiffs against him and submitted that
land in dispute is distinct from the land granted to the Community to build the
Community Centre and that the land in dispute was granted to the plaintiff’s later father
by the stool and that his late father erected the mud house on the land granted to him.
The mud house fell into ruins. DW1 and DW2 further contended that the structure in
issue is being built on the exact place where the mud house was located and that the
defendant with the consent of the stool is building a cement block building on the exact
place where the mud house was formerly situate. The defendant’s witnesses denied the
assertion that 1st plaintiff is the head of Ebiradze Royal Stool family of Ellobankata