EDWARD KPAKPO ALLOTEY AND NAA AKU ALLOTEY v. MR. KWAME, ANTHONY KWAME ASANTE, MARY ADJEI BOATENG, MR. OFORI, FRANCIS ADDO, AKWASI ODURO, CHIEF AGORKORLI AND JOHNSON MIREKU

1.0] Plaintiffs’ caused their lawyer to issue writ of summons on 20-7-2019 by which

they claimed the following reliefs;

a) Declaration of title to all that piece or parcel of land in extent of 21.537 acres

more or less situate at Weija, Accra in the Greater Accra Regions of the

Republic of Ghana, bounded on the North East by vendor’s land measuring

520.0 feet more or less, on the North West by vendor’s land measuring 190.0

feet more or less, on the South East by vendor’s land measuring 487 feet more

or less on the South West by land measuring 1885.3 and on the North East by

1897.3 particularly delineated on the plan edged pink.

b) Recovery of possession.

c) An order of the court evicting the defendants from the land and also to

demolish the buildings thereon occupied by the defendants.

d) General damages for trespass.

e) Perpetual injunction restraining the Defendants and anyone whosoever

claiming through the defendants from in anyway howsoever claiming

through the defendants from interfering with plaintiff’s interest, title, right or

ownership of the said land.

f) Costs.

2.0] Defendants did not file any statements of defence. Plaintiff therefore obtained

judgment in default of defence against them on 23-8-2021.

3.0] Upon service of witness statements and hearing notice on defendants by

substituted service, plaintiff’s attorney relied on her witness statements as her

evidence in chief.

4.0] Exhibit A is the Power of Attorney issued to plaintiffs’ attorney to prosecute the

instant case.

5.0] In proof of their claim plaintiffs attached Exhibit B which is an indenture dated

23-3-1964 as evidence of a free hold grant made to J.B.Q COFIE and E.K

ALLOTEY by one F.A ATTOH. Plaintiffs further attached Exhibit C, a Vesting

Assent by which the land in dispute was vested by the administrators of the

Estate of J.B.Q COFIE and Edward Kpakpo Allotey in the Plaintiffs herein on 31-1-2014. Plaintiffs have therefore adduced documentary evidence of their title in

the land in dispute.

6.0] It is the case of plaintiffs that defendants have trespassed onto the said land and

therefore seek the reliefs stated above. In view of the fact that the defendants did

not file any statements of defence and in view of the nature of evidence adduced

by plaintiffs in support of their claim, (Conca Engineering Ghana Ltd v Moses,

1984-84 GLR]) the court finds that plaintiffs have satisfied the requirement of

proving their case on a balance of probabi