EMMANUEL LAMPTEY BORYOR VS ISIAH NADUGBE & ORS

Plaintiff’s Case By a writ of summons issued on 31st July 2017, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all the piece or parcel of land being, lying and situate at Koluedor Woyi, Ada in the Dangbe East District of the Greater Accra Region of the Republic of Ghana with an approximate area of 139. 175 acres or 56. 323 hectares and bounded on the North East by Lessors land measuring 2, 543 feet more or less, on the South East by Lessors land measuring 2, 157. 3 feet more or less, on the South by Lessors land measuring 2, 004 feet more or less and on the West by Lessors land measuring 3, 598. 8 feet more or less.

Recovery of possession.

Perpetual injunction restraining the defendants by themselves, their agents, assigns, servants, privies from having any dealing with or on the land.

General damages for trespass.

v. Cost. It is the plaintiff’s case that he got the land in dispute by a grant from the Adibiawe family and clan, the allodial owners in possession, in the year 1969. After the grant, he took possession of the land, constructed a dam on a portion of the land, farmed on a portion, put caretakers on the land to take care of the land for him and also to farm on portions of the land.

The plaintiff asserts that the Adibiawe Clan and Family confirmed the grant to him in the year 2001 by executing an indenture in his favour.

He presented the indenture for registration at the Lands Commission and was given the number AR/3874/03. The plaintiff further states that he has successfully been issued with a Land Title Certificate over the land with certificate number TD 13755. It is the plaintiff’s case that he has been in undisturbed possession of the land for all these years until his possession was disturbed by the defendants who have trespassed on portions of the land, farming on it and laying claim to it as their own.

The plaintiff further asserts that the defendants have failed to vacate his land even after his lawyers wrote to them to vacate the land and he is therefore convinced that it is only an order from the Court that can compel the defendants to vacate the land.

He therefore claimed the reliefs captured above.

Procedural History Some of the defendants were served personally with the writ of summons and statement of claim and others were served by substituted service as far back as August and September 2017 but none of them entered appearance, let alone to file a defence to the action.

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