IBRAHIM AZOTIYINE vs AZOTIYINE BRENDA A

Introduction

1. This action was commenced on 2nd May, 2024. By an amended writ of summons filed on 4th June, 2024, the plaintiff claims against the Defendant as follows: -

a. A declaration of title to all that unnumbered piece or parcel of land situate and located at Zorbisi, along Navrongo-Bolgatanga trunk road and close to the New Life line drinking spot which is bound to the North by the Navrongo-Bolgatanga trunk road; to the South by the New Life line drinking spot; to the West of Atopali’s land and to the East by Aberi’s lotto kiosk and measuring more or less 60 by 60 feet.

b. Possession of all that piece of land described above.

c. Perpetual injunction against the Defendant and all her assigns and all claiming the disputed land through the Defendant.

d. Cost, including the cost of prosecuting this suit.

1. On 15th May 2024, this court in consideration of the nature of the case, the fact that the parties are relatives and the willingness of the parties to attempt settlement of the matter out of court, referred the matter to the Court Connected Alternative Dispute Resolution pursuant to section 72 of the Courts Act, 1993 (Act 459) as amended. The said section provides as follows:

Section 72—Courts to Promote Reconciliation in Civil Cases

(1) Any court with civil jurisdiction and its officers shall promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner between and among persons over whom the court has jurisdiction. (2) When a civil suit or proceeding is pending, any court with jurisdiction in that suit may promote reconciliation among the parties, and encourage and facilitate the amicable settlement of the suit or proceeding.

See also Order 25 Rule 1 sub rules (3) to (8) of the District Court Rules, 2009 (C.I 59) as amended by C.I. 134.

However, the parties could not resolve the matter out of court; hence the court proceeded to determine the matter on its merit.

Plaintiff’s Case

1. The plaintiff avers that the disputed land was owned by his great grandfather by name Awuliba Gaya-Baah. The Plaintiff says that the said Awuliba Gaya-Baah owned several pieces of land in and around the Zorbisi area. The Plaintiff says that Awuliba Gaya-Baah in his lifetime allowed his wife and children to cultivate a large tract of land in and around the disputed land, including the disputed land, to augment the feeding of the household.

2. The Plainti