FLORA GBORGLI v. ATTA BOYE OWUSU JNR. AND ATTA BOYE OWUSU SNR

JUDGMENT

Plaintiff herein through her lawful Attorney, Damoah Kwame Kyeremeh sued the

Defendants herein for the following reliefs;

a) Declaration of Title and Recovery of possession of all that building plots numbered

18, 19, 20 and 21 Block C sector 1, Twewaaho, Duayaw Nkwanta in the Ahafo

Region which said plots belongs to the plaintiff but the defendants have trespassed

unto portions of same and laying claim to the plaintiff’s said building plots

b) An order of perpetual injunction restraining the Defendants, their assigns, agents’

workmen e t c from dealing with the disputed plots in any manner.

c) General Damages for trespass against the Defendants.

SUMMARY OF SUBJECT-MATTER OF CLAIM.

The facts underpinning the suit has it that, the plaintiff in 2009 was granted the

disputed building plots by the plot allocation committee of the Duayaw Nkwanta

stool and an allocation paper and site plan was issued in favour of the plaintiff to

that effect.

The facts further have it that few months ago, the plaintiff discovered that the

defendants have trespassed unto her building plot by sinking a well on same.

Per the account in summary, the plaintiff cleared the plots and started developing

same but the Defendants appeared on the site and started threatening the

plaintiff’s workers and that Defendants are laying adverse claim to the plaintiff’s

building plots and all attempts to restrain the Defendants from trespassing unto

the plaintiff’s building plot have proved futile.

Plea

The Defendants pleaded not liable to the reliefs sought by plaintiff setting up the

matter for trial.

ISSUES FOR DETERMINATION

The issue before the court is whether or not the plaintiff proved her case for the

recovery and possession of building plots numbered 18, 19, 20 and 21 Block C

sector 1 Twewaaho, Duayaw Nkwanta.

MODE OF TRIAL.

The Court ordered parties to file witness statements. The mode of trial was by way

of witness statements. The plaintiff attorney testified and called no other witness.

On the side of the Defendants, 2

nd defendant testified for himself and for the other

Defendant. The Defendants called no other witnesses.

THE TRIAL ITSELF

EVIDENCE LED BY THE PLAINTIFF

Evidence of the Plaintiff’s Attorney.

Plaintiff’s attorney, Damoah Kwame Kyeremeh testified as attorney of the plaintiff

and exhibited Exhibit ‘A’ as copy of the power of attorney. The attorney’s evidence

goes in the form that plaintiff was granted building plots with numbers