GH - FRANK ASHIDAM & FAMILY VRS NANA OWUSU AMEYAW & ORS

FACTS: On 09/04/2018, Plaintiff took a writ of summons from the registry of this Court.

The indorsement on the writ is as follows: a) A declaration of title to a parcel of land situate at Katamanso in the Greater Accra Region of the republic of Ghana covering an area of 2. 546 hectares or 6. 292 acres more or less.

b) Recovery of possession c) General damages for trespass d) An order directed at the 5th Defendant to expunge the names of 1st –4th Defendants from its records.

e) Perpetual injunction.

The statement of claim filed with the writ shows that Plaintiff, who is a businessman had obtained a grant of leasehold interest in land situated at Katamanso, from Nii Otu Akwetey IX the chief of Katamanso.

It also showed the land forms part of a larger piece of land that belongs to his grantors.

And that the leasehold interest for a term of seventy (70) has been registered with the Land Registration Division of the Land Commission.

He stated No. TD 6329 as the provisional certificate issued on 22/12/2011 in his name, which contains the cadastral plan, showing the relevant measurements of the land.

Furthermore, the plaint shows the details description of the land, the fact that Plaintiff has been in possession and the acts of trespass to it.

And the fact that he has instituted an action at the High Court against one Nii Okpelor Jacob Ablorh Mensah (i. e. as in Suit No. FAL/469/12), for acts amounting to encroachment on parts of his land.

He also stated he has discovered that 5th defendant has registered part of his land in the names of 1st, 2nd 3rd and 4th Defendants in a fraudulent manner, hence he instituted, this action against them.

He gave the particulars of the fraud as follows: a) 5th Defendant plotting/transferring portions of Plaintiff’s land into the names of the 1st to 4th Defendants when the 5th Defendant knew very well that the Plaintiff had a provisional Land Certificate.

b) 5th Defendant plotting/transferring portions of the plaintiff’s land into the names of the 1st to 4th Defendants without obtaining the authority of the Plaintiff when 5th Defendant knew that the Plaintiff holds a provisional Land Certificate over the land.

c) The 1st to 4th Defendants maneuvering and executing documents and processes so as to register/transfer portions of the Plaintiff’s land into their names without Plaintiff’s consent and knowledge.

d) The 1st to 4th Defendants conniving with other parties including the 5th Defendant to plot/register portion of