GH - EMMANUELLA NAA TSOTSOO TETTEH VS MR OMAN DENYIN

The Plaintiff’s claim is for:

a. A declaration of title of all that piece or parcel of land covering an approximate area of 0.48 acres situate lying and being at Odorkor Tsuim and bounded as follows: on the North by proposed road measuring 65 feet more or less, on the South by proposed road measuring 125 feet more or less, on the East by Lessor’s land measuring 215 feet more or less, and on the West by Lessor’s land measuring 230 feet more or less.

b. An order for recovery of possession.

c. An order for damages for trespass.

d. An order for perpetual injunction to restrain the defendant, his agents, privies, assigns, or servants from continued interference with the Plaintiff’s land.

e. Costs.

PLAINTIFF’S CASE

Plaintiff claims to be the biological granddaughter of Nii Tsuim alias Gbawe Tawiah, the owner of a large tract of land at Tsuim Odorkor. Plaintiff said her grandfather acquired the land by way of a gift from D. P. Hammond, Asere Mantse, for meritorious services to the Asere Stool in 1917. Plaintiff avers that the Gbawe Tawiah Family obtained a judgment in their favor, and the contents were published in the Saturday 29th November 2003 edition of the Daily Graphic newspaper. The notice demanded anyone occupying the family land but did not obtain same from the family to contact the family for regularization.

Plaintiff got a grant from Daniel Seth Botchway, which is evidenced by a lease dated 10th March 1969, which was stamped as LVD11349/2014. Plaintiff described the land gifted to her grandfather as “all that piece or parcel of land situate lying and being at Tsuim Owulaman road and bounded on the North by Basel Mission land, on the South by Lailafio’s land, that is now Accra Winneba Road, on the East by Kwashieman Ablekuma Road, on the West by Gbawe people’s land from Obarima Ginaho Laffa Stream opposite Mallam New Market.” Plaintiff’s description of her land endorsed on the Writ of Summons is as follows: “all that piece or parcel of land covering an area of 0.48 acres situate lying and being at Odorkor Tsuim and bounded as already described.”

Plaintiff avers that sometime in 2009 she became aware that the Defendant had trespassed on her land and erected a wall around it. Plaintiff in her Reply avers that in 1979 when Defendant avers his father acquired the land, that area was a thick forest used for farming and hunting activities, but there were no buildings until around 1989 when the area started developing.

In his evidence, Plaintiff’s At