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JUDGMENT
This is a suit filed by the Plaintiff to seeking among others, declaration of title to land.
The facts of the case admit of no controversy. Plaintiff claims that he is the owner of the
land in dispute having purchased it from the Yego family of Agona Kwanyako in 1984.
That he has been in possession of the land since that time to the knowledge of the
family including the Defendants. That quite recently, the Defendants purporting to
claim title to the land have trespassed onto same. That despite his attempts to get the
Defendants to back away from the land, they have persisted in their unlawfulness.
Unable to resist the Defendants’ attempts to wrestle the land from his hands, the
Plaintiff resorted to the court and filed the writ of summons claiming as follows:
a. A declaration of title to and recovery of possession of all that piece or parcel of
land situate lying and being at Agona Kwanyako behind H/No. C6, C6I, C8
and Yaw Yeboah of the Yego Family.
b. Damages for trespass.
c. Perpetual injunction restraining the Defendants by themselves, agents,
personal representatives, assigns, servants, administrators, executors, privies
or howsoever from dealing with or having anything to do with the land.
d. Costs.
The Plaintiff served the writ of summons together with a summary of his claim. In view
of the nature of the claim being one for declaration of title and the complexity of the
issues, the court made an order for written statements to be filed by the parties in
accord with Order 18 rule 1 of the District Court Rules, 2009 (C.I. 59). The plaintiff thus
filed a written statement of his claims as ordered on 17th May, 2022. In the nineteen-
paragraphed Statement, the Plaintiff averred to the effect that he is a farmer residing at
Agona Kwanyako while the Defendants are trespassers on his land. That he is the
owner in possession of a parcel of land situate at Agona Kwanyako. That on the 7th day
of December, 1984, he purchased a parcel of land from the Yogo Family of Agona
Kwanyako represented by Kobina Konto who resides in H/No. C64, Abonse Street,
Agona Kwanyako and paid valuable consideration after which a document of sale
evidencing the purchase of the said parcel of land by the Plaintiff. That the Defendants
who are trespasser on the said land, have without his consent and authority,
demolished the self-contained building which he had caused to be erected on his parcel
of land. The Plaintiff averred that his said parcel of land