EMMANUEL EDDIE K. N. OTOO VS ALEX AKONOR & ORS

Plaintiff’s Case By a writ of summons issued on 6th November 2017, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land lying and being at South Labadi (Christiansburg-Labadi Road), Accra and bounded on the North by the property of Tawiah Otoo measuring 150 feet more or less, on the South by the property of Matilda Otoo measuring 150 feet more or less, on the East by a road measuring 75 feet more or less and on the West by Johnson’s property measuring 75 feet more or less and covering an area of 0. 26 of an acre, per the Will of his late father (grandfather of the plaintiff called Edward Kabu Otoo) to the estate of the late Edward Kabu N. Akwetey Otoo.

Recovery of possession of the aforesaid land from the 3rd defendant.

Perpetual injunction restraining the defendant, her (sic) servants, assigns, agents and privies or whomsoever deriving title from her (sic) from interfering with the land which is the subject matter of this dispute in any way whatsoever.

Damages for trespass.

v. Cost including solicitor’s fees and cost of litigation.

Any other order(s) and relief(s) as this honourable court may deem fit.

It is the plaintiff’s case that he is the administrator and beneficiary of the estate of the late Edward Kabu Nkunor Akwetey Otoo and he is bringing the action on behalf of his siblings and beneficiaries of the said estate.

The plaintiff asserts that the land in dispute originally belonged to his grandfather Edward Kabu Otoo and he devised it by his will to the plaintiff’s father.

Probate of the will was granted on 28th June 1944. The plaintiff asserts that by a deed of conveyance dated 1st November 1944, the land in dispute became the bona fide property of his father who went into possession of the land on or about 1950 and exercised ownership and possession over the land until his demise in 1997. Though in paragraph 7 of the statement of claim the plaintiff asserted that a deed of conveyance was executed in favour of his father on 1st November 1944, he further asserts in paragraph 9 of the statement of claim that the executors of his late grandfather’s will did not execute any formal document in favour of his late father and as such his late father made a statutory declaration in 1977 to confirm his ownership of the land in dispute.

The plaintiff further states that the land in dispute was originally the subject of a customary grant from the Abafum Quarter of La to the Oto