PHILIP ARYAH HAMMOND v. PHILIP ARYAH HAMMOND

Per an amended writ of summons filed on 24th January 2011, plaintiff claimed from the defendant the under mentioned reliefs:-

“1. Declaration of title to land situate and lying at

Oblojo near Weija-Accra in the Greater

Accra Region containing an approximate area

of 1,52 acres more or less and bounded on the

North West by Oblojo-Weija road measuring

440 feet more or less on the North East by lessor’s

land measuring 150 feet more or less on the South

West by proposed road measuring 150 feet more or

less on the South East by lessor’s land measuring

440 feet more or less;

2. Perpetual injunction restraining the defendant, his

agents and assigns from interfering with the said

land and

3. General damages for trespass to the said land.

Plaintiff’s case as pleaded was that she acquired the land in dispute from William Nii Kpakpa Quartey (to be hereinafter called Quartey) in 1985. She claimed to have assigned a portion of the acquired land to two persons and also developed a portion of the land and the rest of the land was shared among her children some of whom started developing same.

Plaintiff then made a case that defendant has unlawfully entered the land and shown every desire of intensifying his trespassory acts on the land by constructing a building on the land, hence the institution of the action.

Defendant denied the claim of plaintiff. Although defendant conceded that Quartey was the original owner of the disputed land, plaintiff obtained her grant not from Quartey but from one Francis Ogbarmey Ashong, aka, Nii Armah Cobblah (hereinafter called Ashong).

However, defendant stated that, after the death of Ashong, plaintiff took steps to regularize the grant by getting the true owner of the land, Quartey to ratify that grant.

Defendant claims he obtained his grant of the land from the selfsame Quartey and the land, the subject matter of his grant is L-shaped and same is documented. He indicated that the land is depicted in a document dated

14th December 1987, stamped as AR/31140/91 as well as the Right of Entry dated

21st June 1985.

Defendant averred further that in the lifetime of Quartey, there arose an occasion whereby Quartey proclaimed in the presence of plaintiff and others that he gave the land to defendant.

Defendant stated that plaintiff demolished his store room/site shed for no just cause, contending that where plaintiff’s land lies is different from his and that plaintiff had made full use of her land and cannot claim his