GIBRINE ADAM v. RICHARD OPOKU & ORS

1.0 INTRODUCTION:

The facts of this case are mainly from the Amended Statement of Claim of the Plaintiff drawn as follows:

The Plaintiff is a Businessman and an Educationist and resides in Accra. The defendants reside in Accra. The 2nd Defendant’s name is unknown to the Plaintiff. The 3rd Defendant is falsely laying claim to the land the subject-matter of this suit.

The 3rd Defendant claims to have a judgment against the 4th Defendant over the land the subject matter of this suit. The Plaintiff is the owner in possession of the parcel of land described in the schedule hereto. The Plaintiff is the acquired the land for a valuable consideration from Princeton-Multi Purpose Estate Agency in February, 2017.

The Plaintiff’s grantor, Princeton-Multi Purpose Estate Agency had on its part, acquired the land from Nii Adjei Okpoti-Kodia and Jacob SowahKlotia Kwame in February, 1997 by way of a lease for a term of ninety-nine (99) years from 17th February, 1997 with an option to renew for a further term of forty-five (45) years.

The Plaintiff’s grantor had been actual and effective possession of the land since its acquisition of it, had exercised acts of ownership over it and had even put up buildings on part of it.

In addition, the Plaintiff’s grantor had registered its title in the land with the Land Title Registry as far back as February, 1997.

The Plaintiff acquired the unexpired residue of his grantor’s lease in respect of the land described in the schedule hereto.

The Plaintiff has registered his title to the land as the owner thereof and has been issued with a land certificate No. GA 53661 by the Land Title Registry.

The Plaintiff, since his acquisition of the land, has also been in actual and effective possession of it and of the hereditaments thereon.

The 1st and 2nd Defendants have trespassed onto a portion of the Plaintiff’s land and have dug trenches for the construction of a wall to cut off and fence the portion they have trespassed on

The 1st and 2nd Defendants have started the construction of that wall.

The 1st and 2nd Defendants have defied all warnings to cease their activities on the Plaintiff’s land and are proceeding with the unlawful work there.

The matter has gone to the police but that has not deterred the 1st and 2nd Defendants from continuing with their trespass and unlawful activities on the land.