Try asking the following...
JUDGMENT
JUDGEMENT
The Plaintiff herein acting per her attorney on the 20th of June 2019 filed at the registry
of this Court against the Defendants a Writ of Summons and Statement of Claim. Writ
of Summons and Statement of Claim, the Plaintiffs claimed against the Defendants
jointly and severally for:
a. A declaration of title to the land described in paragraph 8 of the statement of claim. (for
better appreciation of the claim, description of the land per paragraph 8 of the statement
of claim reads “, all that piece and parcel of land situate and lying and being at
Abehenease near Accra, and bounded on the North by lessors property measuring 100
feet or more or less on the east by lesors property measuring 80 feet more or less on the
south by lessors property measuring 100 feet more or less on the west by a proposed road
measuring 80 feet more or less and containing an approximate area of 0.18 acre
b. Recovery of possession.
c. Perpetual injunction restraining the defendants their assigns, privies and all those
claiming through them.
d. Cost.
Plaintiff after several failed attempts to serve Defendants personally with the writ of
summons, with the leave of court granted 7/10/2019. Upon Defendants failing to enter
appearance and or file defence to the action of plaintiff, Plaintiff counsel on 16/9/2020
filed an affidavit of service in compliance with order 10 rule 6 of the High Court
Procedure Rules and served same on the Defendants through substituted service once
more with leave of court granted on 11/2/2021. Defendants subsequently entered
appearance on the 28/4/2021 and with court leave granted on 27/05/21 filed their
defence to the action on 14/06/21.
Plaintiff’s case per the statement of claim is that she acquired the land in dispute in 2001
from Nii Teequay Ansah family the allodial owners. She averred that she exercised
overt acts of possession by putting a kiosk on the land. She averred that her attention
was drawn to the trespass acts of Defendants and averse claim of the land. All efforts to
get the Defendants abate their trespass acts have proved futile. She therefore prayed the
court for the reliefs endorsed on the writ of summons.
Defendants per their statement of defence filed on14/6/2021 denied the claims of
Plaintiff and contended that sometime in 2016, 2nd Defendant and one Eric K. Nartey
acquired their land from Kotey Nii Quaye who was the head and lawful representative
of Naa Ama Asor Family of Abehenease acting wi