GH - ERIC NII ARYEE MENSAH v. VICTOR AUSTIN

[ 1]. By a Writ of Summons and Statement of Claim filed on 14th January, 2019, Plaintiff claimed the following reliefs against the Defendant: -

i. Declaration of title to all that piece or parcel of land situate, lying and being at Kwabenya in the Greater Accra Region of the Republic of Ghana bounded on the North-West by proposed road measuring 50 & 45 feet more or less, on the North-East by proposed road measuring 150 feet more or less on the South-East by proposed road measuring 50 & 45 feet more or less and on the South-West by land of Nii Odai Ntow family

measuring 210 feet more or less and containing an approximate area of 0.42 acre.

ii. Damages for trespass.

i. Recovery of possession of the said land.

iii. Perpetual injunction restraining the Defendant, his agents, assigns, servants, workmen from disturbing the Plaintiff from quietly enjoying his land.

iv. Costs inclusive of legal and administrative cost.

An Overview of Parties Case As Pleaded

Plaintiff’s case

[2]. The Plaintiff, Eric Nii Aryee Mensah, claims ownership of a 0.42-acre parcel of land located at Kwabenya in the Greater Accra Region, Ghana. He asserts that he acquired the land through a Deed of Assignment dated 5th June 2004, executed between Gertrude Ampaw and himself. Upon acquiring the land, the Plaintiff took immediate possession by erecting corner pillars and depositing sand and stones on the property. The Plaintiff places reliance on a prior court case, Nuumo George Ankonu Adjin Tettey v. Margaret Tsikata & 7 Others (Suit No. BL 554/2007), in which he was the

5th Defendant. The judgment, delivered on 25th November 2011, declared that any grant of land by the Odai Ntow family must involve the consent of all principal elders of the family, including the Abbey We branch. Following this judgment, the Plaintiff regularized his title by obtaining a new lease agreement from the Odai Ntow family on 19th October 2012.

[3]. The Plaintiff alleges that the Defendant, Victor Austin, has trespassed on his land and commenced development without his consent. Despite warnings, the Defendant has continued his activities, prompting the Plaintiff to seek legal redress. The Plaintiff argues that the Defendant’s actions are unlawful and that he is entitled to the reliefs sought to protect his ownership and enjoyment of the land.

Defendant’s Case as Pleaded

[4]. The Defendant, Victor Austin, denies all the claims made by the Plaintiff, Eric Nii Aryee Mensah, in the statement of claim