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JUDGMENT
JUDGEMENT
On the 13th August, 2018 the plaintiff company per its manager commenced this action
against the 1st and 2nd defendant claiming the following reliefs
(a) Declaration of title and recovery of possession of all that plot No. 14
Block ‘A’ sector 5 site shown Edged pink 1:2500 Adwame East Berekum
which said plot belongs to the plaintiff but the 1st defendant has sold same
to the 2nd defendant.
(b) General damages for trespass.
SUBSTITUTION
In the course of the trial of the case, the 1st defendant died and was substituted by
Francisca Annan.
PLAINTIFF’S EVIDENCE
One Henry Gyamfi, the Managing Director of the plaintiff company testified for the
plaintiff company. The plaintiff is a registered company incorporated under the laws
of Ghana. The plaintiff averred that it acquired plot No. 14 Block ‘A’ sector 5 Adwame
East Berekum from the Biadan plot allocation committee on 28th January, 2008 at the
cost of GH₵6,000.000 (now GH₵600.00). The plaintiff company went ahead to procure
site plan on the land.
That the plaintiff has been paying all the statutory fees on the land. According to the
plaintiff some time ago wanted to alienate the land to a developer which was resisted
by the plaintiff. However around August, 2018 the plaintiff detected that the second
defendant has started developing the land by putting up a structure on it hence this
legal action.
The plaintiff exhibited the following document to prove its case.
1- Exhibit ‘A’- Certificate to start business.
2- Exhibit ‘B’ – Receipt from plot allocation committee Biadan.
3- Exhibit ‘C’- Site plan of the plot No. 14 Block ‘A’ Sector 5.
4- Exhibit ‘D’- Registration of the plot at the Berekum Municipal Assembly dated
30th November, 2011.
5- Exhibit ‘E’ - Receipt from the administrator of stool lands dated 23rd March,
6- Exhibits ‘F to F6 the building of second defendant on the plot.
Plaintiff called 2 witnesses to prove his case.
THE EVIDENCE OF THE DEFENDANTS
The 1st defendant testified on her own behalf and on behalf of the 2nd defendant.
According to the 1st defendant she was the owner of plot No. 23 Block ‘A’ sector 5
Adwame East and she sold same to the 2nd defendant. The plot that she sold to the 2nd
defendant is different from the plaintiff’s plot No. 14 Block “A’ sector 5, Adwame East.
The 1st defendant averred that after she sold the said plot to the 2nd defendant, the 2nd
defendant went ahead to obtain site plan on the land. She went ahead to register the