EDMUND MENSAH KODZO & ANOR VS LAWRENCE AMENYA LARWEH

The Plaintiff commenced this action per his lawful attorney on 26th January 2012. On 25th April 2017, the Plaintiff amended his Writ of Summons and Statement of Claim pursuant to the Court Order of 10th March 2016. It is worrying that it took the Plaintiff more than a whole year before effecting the Order of the Court.

It is becoming a common phenomenon these days for lawyers to disregard the statutory period for amending processes and doing same at the own convenience, despite the fact that the Order lapses after 14 days required by the Rules or the date given by the Court (See Order 16 rule (8) of the High Court Civil Procedure Rules, 2004 (C. I. 47). The reliefs sought by the Plaintiff endorsed on his Writ of Summons are: a. A Declaration of title to all that piece or parcel of land situate at Okpoi Gonno, Teshie covering an approximate area of 0. 28 of an acre bounded on the North East by the Kle-Musum quarters land measuring 110ft more or less, on the South East by Kle-Musum quarters land measuring 115 ft more or less, on the West by a road measuring 78ft more or less on the North West by a proposed road measuring 40 ft more or less.

b. Recovery of possession c. Damages for trespass d. Perpetual Injunction restraining the Defendant by himself, his servants, agents, privies, workmen and assigns from further trespassing on the said land.

The Defendant denied the Claim of the Plaintiff.

He did not Counterclaim.

It appears that both parties have to acquire the land twice.

After the close of pleadings, seven issues were set down for trial.

a. Whether or not the Plaintiff acquired the land in dispute in or about 1971 from the Kle-Musum quarter of Teshie then headed by its Akwashongtse, Nii Armah Kwantreng II.

b. Whether or not the Plaintiff, upon the said acquisition went into possession by fencing it and erecting a gate at the entrance after he had erected a building thereon.

c. Whether or not the Defendant in 2001 encroached on the said land and demolished the said building.

d. Whether or not in spite of warnings from the Kpeshie Divisional Police, the Defendant has with impunity commenced the development of the said land.

e. Whether or not the Abcona Construction Limited can lawfully obtain Land Certificate on the said land when the Plaintiff have been in uninterrupted and undisputed possession of the said land for over 21 years.

f. Whether or not the Defendant and his wife have obtained land Certificate on the said land and if so g. Whether