EX WO1 NII SOWAH HENRY OTINKORANG vs MADINA PENTECOST HOUSING SCHEME LTD & ORS

[1] Introduction

The Plaintiff issued a Writ of Summons with an accompanying Statement of Claim on 16 th May 2018 which was amended on 14 th May 2019 and subsequently amended on 10 th December 2020 for the following reliefs:

- a. 'A declaration confirming that Plaintiff family owns a total of 73,354.76 acres of land in the Greater Accra Region of the Republic of Ghana.

- b. A declaration that the area in schedule B trespassed by Defendants measuring approximately 47,171 acres forms part of the Plaintiff's family lands.

- c. A declaration that the Defendants have trespassed on Plaintiff's land.

- d. Recovery of possession.

- e. Damages for trespass.

- f. An order to demolish any unauthorized structures on the land.

- g. Any further or other orders including an order for perpetual injunction to restrain the Defendants, their agents, assigns, privies, workers howsoever described from interfering with the land in dispute in any way.'

The 1 st and 2 nd Defendants entered appearance through Counsel on 2 nd March 2018. The initial Defendants were two. By an order of joinder dated 30 th November 2018 the 3 rd and 4 th Defendants were joined to the suit and entered appearance through Counsel on 7 th June 2019. The 1 st and 2 nd Defendants filed their Statement of Defence on 4 th April 2018. The 3 rd and 4 th Defendants filed their Statement of Defence on 20 th December 2019 and counterclaimed as follows:

- i. 'A declaration that the Plaintiff herein lacks capacity to commence the instant action.

- ii. A declaration that the 46.887 acre situate and lying and being at Katamansu in the Greater Accra Region of the Republic of Ghana which said piece or parcel of land is more particularly delineated on survey plan Y1197 annexed to Certificate No. TD 10578 of the 1 st Defendant forms part of Katamansu and Nungua Stool lands or less.

- iii. An order of recovery of possession of any portions of the land described which is encroached upon by the Plaintiff or such areas as the said Plaintiff will encroach upon during the pendency of the instant Suit.

- iv. An order or perpetual injunction to restrain the Plaintiff, his family, assigns, privies or anyone claiming through the said family from further interference with the land in dispute.

- v. Damages for any trespass

- vi. Costs (including lawyers' fees)'

[2] The Issues

The Plaintiff's Counsel filed a reply to the 1 st and 2 nd Defendant Statement of Defence and a Reply and Defence to Counterc