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JUDGMENT
J U D G E M E N T
On the 6th day of January, 2021 the plaintiffs caused a writ to be issued against
the 1st and 2nd defendants herein endorsed with the following reliefs
(a) Declaration of title and recovery of possession of all that residential
building plots Nos. 51 and 52. Block “K’ situated and lying at Adwame
East, Berekum which said building plots are the bonafide properties of the
plaintiff’s but the defendants have trespassed unto same and re-demarcated
the two (2) plots into one (1) plot and have started developing the plots.
(b) General damages for trespass
APPLICATION FOR INTERLOCUTORY INJUNCTION
The plaintiffs filed an application for interlocutory injunction together with the writ
of summons against the 1st and 2nd defendants. The court granted the injunction and
the plaintiff made an undertaking of GH₵10,000.00 dated 22/01/21 that in an event
that the plaintiff lose the case same will be paid to the defendants.
APPLICATION FOR JOINDER
One Stephen Effah Asiedu was joined as 3
rd defendant in the case by the court based
on the application moved by Kwadwo Yeboah, the 1st defendant.
PLAINTIFFS CASE
The 1st plaintiff testified for herself and on behalf of the 2nd plaintiff. The gist of the
plaintiff case is that the disputed plots with Nos. 51 and 52, sector 5 Block ‘K’ Adwame
East, Berekum is a gift to them by their mother and grandfather Kwadwo Fordwo.
According to the 1st plaintiff, the disputed plots form part of a vast land acquired by
her grandfather Op. Kwadwo Fordjour many years ago for farming activities. She
further averred that some time ago one Dr. K .A Adu trespassed unto the land. Her
grandfather summoned the said Dr. K.A. Adu before the paramount chief of Berekum.
Nana Yiadom Boakye.
After adjudication of the case Dr. Adu was directed to carve five (5) acres of the land
to my grandfather.
When the defendants encroached upon the land the 1st Defendant said she reported
them to Senanse plot allocation committee who said that the disputed land is part of
the Dr. Adu’s land.
According to her she later reported it to Nana Amankona Diawuo, the Omanhene of
Berekum who, after his investigation told the plaintiffs that the land belongs to them.
She therefore prayed the court to grant her reliefs as endorsed on the writ of summons.
She called one witness to support her case.
THE CASE OF THE DEFENDANTS
The 3rd defendant who testified on his own behalf and on behalf of the 1st and 2nd
defendants, vehemently