EDWARD TWUMASI & ANOR VS ALIMATU SADIA

Plaintiffs’ Claim By an amended writ of summons issued on 7th August 2019, the plaintiffs claimed the following reliefs against the defendants: i. A declaration of title to all that piece or parcel of land situate and being at Ashongman in Accra and described as Plot 86, 88 and 90 and abutting each other and on the West with a motor road measuring 289. 5 feet more or less, on the East by Vendor’s land measuring 280 feet more or less, on the North by Vendor’s land measuring 99. 6 feet more or less and on the South by Vendor’s land measuring 95. 3 feet more or less with an approximate area of 0. 97 acres.

Recovery of Possession.

An order directed at the Lands Commission, Accra to cancel and delete from their records Lease dated 26th September 2003 between Nii Armah Tettey to Alimatu Sadia.

Damages for trespass.

v. Perpetual injunction to restrain the defendant, her agents, representatives, assigns and successors from laying claim to the land and committing any further trespass.

It is the plaintiffs’ case that they acquired their respective lands which abut each other in the year 2000 from the Odai Ntow family of Ashongman acting per their head of family Nii Armah Tettey.

Before the acquisition, they conducted searches at the Lands Commission which revealed that the lands were unencumbered.

They later presented their documents to the Lands Commission for registration but their registration stalled as it came to their notice that the defendant had in the year 2003, registered documents which covered the plaintiffs’ lands.

Their enquiries from their vendor family revealed that the family had not, at any point in time, made a grant of the land to the defendant.

The family, together with the plaintiffs, caused various publications to be made including advertisements in the newspaper for the attention of the defendant but they did not receive any response from the defendant.

The plaintiffs assert that they have gone ahead to construct their houses on their respective lands without any hindrance from any person or entity.

The plaintiffs therefore pray that the court will grant them the reliefs endorsed on the writ of summons.

Procedural History The original writ of summons was issued on 17th March 2017 and the plaintiffs were granted leave to serve the writ of summons on the defendant by substituted service and this was duly done.

The plaintiffs however stalled in prosecuting their claim and the suit was struck out by registrar’s summons on 1st Novembe