F. K. A. COMPANY v. NII BOAFO DAANYI-NSE I & 2 ORS

1.0 INTRODUCTION:

The facts of this case are that the Plaintiff is a Real Estate Developer registered under the laws of Ghana. The 1st Defendant is the Dzasetse of Weija in the Greater Accra Region. The 2nd Defendant is the chairman of the Broadcasting Taxi Rank Association situate at Weija. The 3rd Defendant is a Taxi Association operating in Weija at an area popularly known as GBC or Broadcasting.

1.1 The Plaintiff is the owner of the large tract of land measuring 95.194 acres it obtained per a customary grant from Nii Anto Nyame II (The 1st Defendant’s predecessor) and the Weija Stool and has an indenture to evidence same. That the 1st Defendant as predecessor to Nii Anto Nyame is very much aware of the Plaintiff’s interest in the said land.

1.2 The facts further indicate that the Plaintiff has obtained a number of judgments against the 1st Defendant for trespassing unto parts of its large tract of land which include the following cases:

a. THE REPUBLIC V. NII DAA NYINAA-NSE AND 4 ORS., EX-PARTE F. K. A. CO. LIMITED.

b. F. K. A. CO. LIMITED V. 1. SONITRA & 4ORS.

c. NII BOAFO DANYINA-NSE V. F. K. A. CO. LIMITED & ANOR.

d. THE REPUBLIC V. NII DAANYINASE & 6 ORS. EX-PARTE F. K. A. CO. LIMITED

e. THE REPUBLIC V. NII DAA NYINAA-NSE & 4 ORS, EX-PARTE F. K. A. CO. LIMITED.

f. THE REPUBLIC V. 1. FRED AGYEI & 5ORS. EX-PARTE F. K. A. CO. LIMITED.

According to the Plaintiff, the 1st Defendant has placed 2nd and 3rd Defendants on part of the Plaintiff’s land who run a taxi rank on the said land and pay rent to the 1st Defendant for the use of the Plaintiff land.

1.3 The Plaintiff continues that the subject matter of the suit contains an approximate area of 0.16 acre or 0.07 hectare more or less bounded on the North by sublessor’s land measuring 102.34 feet more or less on the East by sub-lessor’s road measuring 68.85 feet more or less on the South by a proposed road measuring 100.19 feet more or less on the West by sub-lessor’s land measuring 71.3 feet more or less which piece or parcel of land is more particularly delineated on the plan.

1.4 Based on these facts, the Plaintiff seeks jointly and severally against the Defendants as follows:

(a) Declaration that the Defendants’ acts on the Plaintiff’s land amounts to trespass.

(b) An order of ejectment and recovery of possession of the Plaintiff’s land as described per paragraph 11 of the statement of claim.

**(c) An order of