EDWARD KOFI OHENE v. BENJAMIN KWAMINA MENSAH & 2 ORS

1.0 INTRODUCTION:

The brief facts of this case are that the Plaintiff is a Ghanaian resident at North Kaneshie and unemployed and on Pension at the moment and brings this action per his Lawful Attorney.

1.1 The Defendants are also Ghanaians resident at Kwabenya who claim to be members and agents of the Odai Ntow Family of Kwabenya and hold themselves out as such and are in cahoots with other people to trespass on Plaintiff’s land the subject-matter in dispute.

1.2 The case of the Plaintiff is that sometime in July 1996, he was granted a piece and parcel of land situate at Kwabenya by way of a lease for 99 years by one John Armah Mensah (head of the Odai Ntow family of Teshie) at the material time and the lease was executed with the consent and concurrence of the principal members of the Odai Ntow family at the material time and the land the subject-matter of the lease is described as ALL THAT PIECE AND PARCEL of land situate, lying and being at Kwabenya Accra and bounded on the sides as plots numbers 145 and 151 on the North-East by land measuring 200 feet more or less on the North-West by a proposed road measuring 100 feet more or less or the South-East by lessors land measuring 100 feet more or less and covering an approximate area of 0.46 acre which piece of land is more particularly delineated on the plan attached hereto and therein shewn edged pink.

1.3 After the grant of the land in dispute to the Plaintiff, an indenture of lease was executed in favour of the Plaintiff by the Odai Ntow family per its head of family John Armah Mensah at the material time with the consent and concurrence of the principal members of the Odai Ntow family and the Plaintiff thereafter registered the Indenture of Lease at the Lands Commission as LVB 6853A/98.

1.4 The Plaintiff asserts that after the Indenture of Lease was registered and stamped at the Lands Commission, the Plaintiff applied for a Land Title Certificate to cover the land and after complying with all the procedures of the application, the Plaintiff was issued with a Land title Certificate by the Land Title Registry described as Land Title Certificate No. GA 15600 Vol 74 Folio 16.

1.5 Upon the due acquisition of the land aforesaid, the Plaintiff exercised overt acts of ownership over the land by erecting a fence wall around the land in an attempt to commence development of the land and erected a residential apartment on same. The Plaintiff says that a portion of the fence wall is st