FLOXY P. VENTURES LTD VS NANA ADROBI I & ORS

The Plaintiff has instituted this action against the Defendants claiming against them, jointly and severally, for the following reliefs:

1. An order for declaration of title to all that land situate lying and being at Awutu Bereku in the Awutu Senya District and more particularly described in paragraph 12 of the Statement of Claim.

2. An order for recovery of possession.

3. An order of damages for trespass.

4. An order of damages for restitution.

5. Perpetual injunction to restrain the Defendants whether directly by themselves, or indirectly through their servants, agents, workmen, assigns or otherwise howsoever described from interfering with the Plaintiff’s ownership, occupation and possession of the land thereto.

6. Any further order or other costs inclusive of legal fees that reflects the GBA current scale of fees that this Court may deem fit.

Events leading up to the institution of this present action, from the Plaintiff’s perspective, are that, sometime in 2007, the Plaintiff negotiated and leased the disputed land situate at Awutu Bereku within the jurisdiction of this Court from its original owners, Nai Abokuadi Agyemang Wyettey Otabil III, Omanhene of the Awutu Traditional Area.

The Plaintiff says that after the said transaction was completed, same was reduced into writing by way of a lease executed by the Parties thereto. (The description of the land is as stated in paragraph 12 of the Plaintiff’s Statement of Claim). The lease was dated 18th December, 2009. Thereafter, the Plaintiff proceeded to the Lands Commission, Cape Coast, and registered the land in dispute.

The Plaintiff avers that he acquired the disputed land for the construction of a business.

By virtue of this, it proceeded to construct a block factory, offices for the factory and accommodation structures for its workers on a portion of the land.

The Plaintiff states that, its attention was drawn by the workers to the fact that a group of land guards numbering about fifty-one (51) and led by the Defendants with a surveyor had come to the land with a bulldozer, payloaders carrying cement blocks, water, cement and about 10 tripper trucks carrying sand and stones.

The Plaintiff avers that he went unto the land to stop the Defendant from the brazen takeover of the property but they threatened to kill him.

He quickly alerted the Kasoa Police about the actions of the Defendants and they went to the site with the patrol team.

However, because the Police were outnumbered,