FRANCIS JOHN AKUFFO, ROSINA AMPONSAH AND KUKRAN BRICKS & TILES LTD. v. MR. OTENG AND SAMPSON KOFI DJAN

Plaintiffs herein on the 4th May, 2021, initiated the present action against the defendants in this case, and per their amended writ of summons filed on the 16th July, 2021, pursuant to a court order, plaintiffs claim against the defendants, jointly and severally as follows;

“1. Declaration of title to all that piece or parcel of land situate and lying at Apedwa New Town in the Eastern Region of the Republic of Ghana bounded on the North by Madam Abena Donkor’s property, on the East by Madam Amma Botwe’s property, On the South by Kibi to Accra motorable road and on the West by Mr. K. Aboagye’s property.

2. Recovery of possession.

3. General Damages for trespass.

4. Perpetual injunction restraining the defendants, their agents, servants, successors in title and all those claiming through the defendants from laying adverse claim to the land.

5. Costs.”

The brief facts of the case as garnered from plaintiffs’ statement of claim are that, the first two plaintiffs who are husband and wife operated a brick factory in the name of

the third plaintiff. Somewhere in 1979, the couple acquired a parcel of land in the area above described in the name of third defendant, in respect of

which the disputed land forms part. The plaintiffs had been in possession of their land without let or hindrance until defendants encroached on a portion of it by grading same thereby destroying the food crops planted thereon. Plaintiffs warned the defendants off the said land but to no avail hence the present action.

Defendants who disputed the facts as set out by the plaintiffs filed their statement of defence, claiming ownership of the disputed land and alleging that, it only shares boundary with plaintiff’s land. They describe the said land in paragraph 14 of their defence, in a schedule therein as follows; “All that piece or parcel of land situate and lying and being at Apedwa Junction in the Abuakwa South Municipality in the Eastern Region of the Republic of Ghana and containing an approximate area of 0.83 acre or 0.34 hectare and boundaries whereof commencing from survey pillar marked SGE A2130/ 21 / 1 to pillar …/2, measuring on that side a total distance of 188.7’ feet more or less; from… pillar…/2 to /3, measuring on that side with a total distance of 207.3’ feet more or less; from pillar marked …/3 to … /4, measuring on that side, a total distance of 186.1’ feet more or less and thence from pillar …/4 to …/1, a total distance of, 187.1’ feet more or less.”

Defendan