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JUDGMENT
JUDGMENT
Plaintiff commenced this action by a Writ of Summons and Statement of
Claim filed on 13th July, 2018 claiming against Defendant the following reliefs:
a) ‚Declaration of title to all that piece or parcel of land situate, lying
and being at Ayawaso-Accra containing an approximate acres of
0.32 Acre’s or 0.13 Hectare more or less and bounded on the NorthEast by a proposed road measuring 71.0 feet more or less, on the
South-East by Lessor’s land measuring 203.3 feet more or less and
on the South West by a proposed road measuring 70.1 feet more or
less and which said piece or parcel of land is registered at the Land
Title Registry Accra as ALL that piece or parcel of Land in extent
0.129 hectare (0.320 of an acre) more or less situate at Ayawaso in
Accra.
b) Recovery of possession of the disputed land.
c) An order for perpetual injunction restraining defendant herein, her
agents, assigns, workmen representatives, etc from interfering with
plaintiff rights of title to the land which is the subject matter of this
suit.
d) General damages for trespass.‛
It is the case of Plaintiff that he is the bonafide owner of the land in dispute
which he acquired in 2014 from Nii Tettey Kodjo II, Chief of Ayawaso and
lawful representative of the Nii Ayi Kushie Family of Ayawaso. Plaintiff says
that he has a valid indenture to the land and a Land Title Certificate
numbered GA 50889. He says that he has commenced construction on the
land and in recent times the Defendant has encroached on the land claiming
ownership of same.
Defendant entered Appearance personally on 25th July, 2018 and indicated her
name and address as follows:
“Mavis Charwey
H/No. B182/1
Mallam”
On 31st July, 2018, defendant filed a Statement of Defence and Counter Claim.
On 5th October, 2018, Plaintiff filed a notice of appointment of Solicitor
together with a Reply and Defence to the Counterclaim. No step was taken in
this matter until 21st June, 2019, when Counsel for Plaintiff filed a Notice of
Intention to Proceed. I note that though the Writ of Summons and Statement
of Claim were not amended, most of the subsequent processes filed bear the
name of Defendant as ‚Mavis Charwey‛. This act however is not akin to an
amendment, therefore as things stand, the name of Defendant is as it appears
on the Writ of Summons and Statement of Claim. Defendant filed a notice of
appointment of lawyer on 19th August, 2019.
This court differently constituted on 20th September