FLORENCE ATSWEI OKPEY (SUBSTITUTED BY OPHELIA YEMOKAI QUAO) v ROSE FOFIE OKPEY

BAFFOE-BONNIE JSC:

For brevity and convenience, the parties shall bear their respective designations at the trial court. The Plaintiff/Respondent/Respondent shall be referred to as “the Plaintiff” while the Defendant/Appellant/ Appellant, “the Defendant.”

On 16th April, 2010 the Plaintiff caused to be issued a Writ of Summons and a Statement of Claim against her aunt, the Defendant seeking the following reliefs;

a) A Declaration of title to a piece of land situate lying and being at North West Teshie, Accra and containing an approximate area of 0.34 acre and known as Plot No.88 Block D, bounded on the North West by Plot No.86 measuring 110 feet more or less, on the South East by Plot No. 90 measuring 110 feet more or less, on the North East by proposed road measuring 140 feet more or less and on the South West by Plot No.87 measuring 140 feet more or less.

b) Recovery of possession

c) Damages for trespass

d) An order for demolition of the uncompleted single room put up by the Defendant on Plaintiff’s land

e) Perpetual injunction

f) Costs

The Plaintiff’s case is that she acquired the disputed land in 1988 from the Agbawe family of Teshie and this was later reduced into writing. She immediately went into possession by depositing sand, stones, and blocks on the land. She also allowed a kiosk to be placed on the land where the person carries on business. Plaintiff avers that she subsequently erected a wall around the land. The Plaintiff’s case is that recently the Defendant trespassed

unto her land and started making claims without any basis. Defendant suddenly entered her land by breaking the wall claiming the land is hers and erected an uncompleted single room on the land. The matter was eventually reported to the police and the Defendant denied doing same. Plaintiff says that by the conduct of the Defendant, she intends to deprive her of her land and unless compelled by the court, the Defendant would not stop her acts of trespass.

In her Statement of Defence, the Defendant denied the claims of the Plaintiff and countered that she was granted the land in 1974 by the Agbawe family as a gift which was reduced into writing. This Deed of Gift was later converted into a leasehold for a term of 99 years by the same family. It is the case of the Defendant that she has been in control of the land since 1974 and has constructed a building on the land and also permitted her caretaker to place a kiosk on the land. The Defendant pleaded that the Plaintiff is