ISREAL LANQUAYE LAMPTEY v. APLEH

JUDGMENT

BY COURT:

By the Plaintiff’s Writ of Summons and Statement of Claim issued on 5th November, 2010, the Plaintiff claimed the following:

a) Declaration of title to all that piece or parcel of land described in schedule.

b) Declaration that defendant’s demolishing of plaintiff’s properties on his land was wongful and unlawful.

c) General damages for wrongful and unlawful destruction of Plaintiff’s properties.

d) Special damages of GH¢7,415.00 being damages caused plaintiff by defendant as itemized in paragraphs 8, 9 and 10 of Statement of Claim.

e) Interest on the amount of GH¢7,415.00 from 1st May, 2007 to date of judgment.

f) Recovery of possession of plaintiff’s land and further order that any offending structures placed on Plaintiff’s land by defendant be removed at cost to defendant.

g) Pepertual injucntion restraining the defendant, his agents assigns from dealing with Plaintiff’s land in any manner detrimental to plaintiff’s interest.

The Writ and the Statement of Claim were served on the Defendant on 9th November, 2010. The Defendant failed to enter appearance so Interlocutory Judgment was entered against him on 13th January, 2011.

Despite the fact that the Defendant did not submit to the jurisdiction of the court, entry of Interlocutory Judgment and Notice of Proof of title and assessment of damage were served on the Defendant on 21st January, 2011. The Proof of service indicates that on 21st January, 2011, the Defendant refussed to accept the entry of Judgment and the hearing notice, so the bailiff Alex Winfred Amagyei left the documents on the defendant’s seat. On 7th February, 2011 the Defendant failed and or refused to appear in Court. The Plaintiff was therefore asked to give evidence in proof of his title and the extent of damages.

The Plaintiff gave evidence that the land was given to him by Nii Odu III the then Mantse of Oduman and was given exhibit ‘A’. Exhibit ‘A’ was executed by Nii Odu III as Oduman Mantse with the consent and concurence of some principal members of the Oduman Stool. All the three elders signed exhibit ‘A’ as Nii Odu III himself. By the said grant made in 1998, the Oduman Stool divested its interest in the said land.

Even though the grant is in the process of being registered under the Land Title Registration Law 1986 (P.N.D.C.L. 152) as per exhibit ‘B’, exhibit ‘A’ is still valid. Since Nii Odu III and his elders have leased the land in dispute, the new chief has no right to give the same land to an