ERIC EKPE v. ALHAJI SIDI YAKUBU

JUDGMENT DELIVERED ___

The claims of plaintiff against the defendant are;

a. The declaration of title and ownership to the piece of land measuring 17ft at

Odumase – Krobo Agbom as same is bounded by the following properties;

i. Agbom street at the North

ii. Property of Akutei Lawer on the East

iii. The property of Kwame Boku in the South iv. Tetteyku’s property in the West

where the trespass of defendant occurred.

b. Damages of Ghc10,000.00 for trespass and

c. Cost

PLAINTIFF’S PLEADING

He is the lawful Attorney of Eric Ekpe the late father. His averment is that it was his late

father who acquired the litigated land in 1978 and that the land which measures 60ft by

100ft is at Agbom Odumase-Krobo. The plaintiff mentioned the same boundary

neighbors and properties as in the writ of summons. The attorney alleged that the

defendant who shares boundary with him in trespass entered his late father’s land by 17ft

at the northern part and built a self-contain house on same. Plaintiff attorney’s averment

is that the disputed land is never for the defendant. He further alleged that his late father

Eric Ekpe purchased the land from one Noah Akwetey Apotsi of Akwetey family of Salasi

Agormanya. The attorney averred that at a meeting, the defendant’s representative

signed to demolish the structure defendant place on the 17ft trespass portion before the

end of June 2017 but same failed to do as agreed.

COUNTER – CLAIMS OF DEFENDANT

a. Declaration of title and recovery of possession of a piece of land attached to H/NO.

H172/2 Agormanya Agbom which compound is measured to wit;

i. 100ft at North East – boundary with Akuteye’s land

ii. 100ft , North West – boundary with Otsame Kwesi’s land

iii. 76ft, South (Sanitary site) Now Motor road iv. 115ft, South West by Tetteh

Amekudzi’s landThe defendant stated that the litigated portion attached to the compound land is

registered as NO, RE. 134/2003/LVB/ER554/2003.

b. Defendant prayed for an order to declare plaintiff’s suit statute barred.

c. He prays for perpetual injunction to restrain plaintiff, his agents, assigns, relatives,

representatives and anyone claiming through plaintiff on the defendant’s

enjoyment of the litigated piece of land

d. General damages for trespass.

DEFENDANT’S PLEADING

Defendant’s averment is that the disputed land forms part of the land of the H/NO.

H172/2 at Agormanya Agbom. Defendant averred that same land is purchased from one

Esawu Kwame Boku who is retired an