EMMANUEL RITALFORD YAW OPARE vs NANA OKATAKYIE BEKOE II & ANOR

The Plaintiff, on the 7th day of June 2023 caused a Writ of Summons and Statement of Claim to issue against the Defendants: The Plaintiff claims against the Defendants for the following reliefs:

a) A declaration that, the piece or parcel of land situate, lying and being at Obosomase-Pongpong in the Akuapem North District in the Eastern Region of the Republic of Ghana covering an approximate area of 10.30 Acre (s) or 4.17 Hectare (s) more or less bounded on the North-East by Vendor’s land measuring (85.00, 221.72, 323.15 and 272.18) feet more or less on the South-West by Vendor’s land measuring 269.01, 209.10 and 150.64) feet more or less on the North-West by Vendor’s land measuring (197.95, 142.93, 171.89 and 92.93) feet more or less on the South-East by Vendor’s land measuring 285.2 feet more or less belongs to the Plaintiff’s family.

b) A declaration that the parcel of land situate lying and being at Obosomase measuring 6.96 Acre (s) or 2.79 Hectare (s) more or less bounded on the North-East by Vendor’s land measuring (258.0, 264.8, (258.0, 264.8, 245.2) feet more or less on the South-West by Vendor’s land measuring (597.0, 330.1) feet more or less on the North-West by Vendor’s land measuring 393.8 feet more or less on the South-East by Vendor’s land measuring 285.2 feet more or less on the South-East by Vendor’s land measuring 285.2 feet more or less belongs to the Plaintiff’s family.

c) An order of perpetual injunction restraining Defendants from dealing or interfering with Plaintiff’s family land.

d) An order directed at the Lands Commission to cancel and or expunge from its records the 4th March, 2010 deed of lease and any other instruments from the Defendants affecting Plaintiff’s family land herein above described.

e) Damages for trespass.

f) Cost including legal fees.

The 1st defendant was served personally with the writ of summons and statement of claim on the 3/07/2023 and the 2nd defendant was served with the writ of summons and statement of claim through its secretary called Jerry on the 3/07/2023. Subsequently the plaintiff to ensure the 2nd defendant company had been properly served, again served 2nd defendant by substituted service on the 8/04/2024.

An official search conducted at the registry of this honourable court on the 27th June, 2024 indicated that the defendants failed and/or neglected to enter appearance neither did they file statement of defence.

The Plaintiff on the 1st July, 2024 applied to this honourable court for t