JUDGMENT
This is a land suit filed by the Plaintiff on 14th July 2010. He is seeking the following reliefs against the
Defendant from the Court:
a) Declaration of title to a parcel of land at Teshie measuring an area of 0.22 acre.
b) Recovery of possession
c) General Damages for trespass
d) Perpetual injunction against the Defendant, his agents, servants and privies and all persons claiming through him from entering, developing or in any way dealing with the subject matter land.
Per the records, initial attempts to serve the Defendant proved futile so the Plaintiff was compelled to serve the Defendant by substituted service. On 25th November 2010, the Defendant entered appearance per his lawyer, James Abiaduka Esq. of Ebaa Law Consult and went to sleep. According to an African proverb, a tree that refuses to dance will be forced to do so by the wind. A motion on notice for judgment in default of defence was therefore filed by the Plaintiff. The application was later struck out when the Defendant on 6th June 2011 filed his Statement of Defence.
On 12th February 2012, the Court adopted all the following issues filed on 1st November 2011:
Whether or not the land in dispute was granted to the Plaintiff’s grandfather. Martin Botchway Adjaye in 1951 and registered at the Deeds Registry as No. 1075/1959?
Whether or not Martin Botchway Adjaye put up a building on a portion of the said land?
Whether or not the Plaintiff’s mother inherited the land in dispute from Martin Botchway Adjaye?
Whether or not the Defendant is estopped in law from challenging Plaintiff’s title to the land?
Whether or not the Defendant’s claim of ownership of the land in dispute is statute-barred?
Whether or not the Plaintiff is entitled to his claim?
On 18th February 2016, this Court, differently constituted, directed the parties to file their witness statements. Both parties complied with the Court’s Order, albeit belatedly. After successfully going through Case Management, the Court on 16th October, 2018 took definite dates for the hearing of the case with Counsel for the parties. On the 24th October 2018, which was slated for hearing, Counsel for the Defendant did not attend Court as well as his client. No reason was given for their absence. The Court began the hearing, the absence of the Defendant and his Counsel notwithstanding. After the Plaintiff has tendered his Witness Statement, the Court adjourned the matter to the 29th October 2018 and caused a hearing notice to b
