JOHN AGYEKUM & ORS v. NANA AMOATENG II & ORS

MARIAMA OWUSU, J.A.

On 22nd December, 2008, the plaintiffs in suit no. TSOL/16/69 issued a writ against the defendants for the following reliefs:

i. Declaration of title and recovery of possession of plot numbers 17-37 Block ‘C’, 14 & 16 Block ‘C’, 37-40 Block ’1B and Block ‘B’ Abuakwa Kagyase, Kumasi.

ii. One hundred and eight thousand, eight hundred and ten Ghana cedis (Gh¢108,810) special damages for destruction of plaintiffs’ fence wall around his twenty (20) building plots together with unused blocks, gravel and sand as well as foundation trenches.

iii. General damages for trespass and inconvenience.

iv. Perpetual injunction restraining the defendants whether by themselves, their agents, assigns, workmen or assigns from entering the land for any purpose.

v. Any other order(s) as the justice of the case would require in terms of the rules of the Honourable Court.

The defendants when served, filed their statement of defence and counterclaimed against the plaintiff as follows:

a. Declaration of title to all that parcel of land comprised in a lease dated 9th March, 2005 made between Kagyase Stool, Asantehene and the 7th defendant (State Housing Company Ltd.) measuring 107 acres which lease was registered under title number 19714 and serial number 25/2005.

b. Damages for trespass.

c. An order for recovery of possession

d. An order of injunction restraining the plaintiffs, their agents, assigns and workmen from having anything to do with the 7th defendant’s leased land.

Two months later, specifically on 18th February, 2009, plaintiffs in suit no. TIRL/K/42/09 also sued the 1st and 7th defendants in suit no. TSOL/16/09 for:

1. Declaration of title to and recovery of possession of plot numbers 9 and 11 Block ‘C’ Abuakwa Kagyase, Kumasi.

2. Gh¢42,544.00 special damages for wanton demolition of plaintiffs’ building at floor level on plot numbers 9 and 11 Block ‘C’ Abuakwa Kagyase, Kumasi.

3. General damages for trespass and inconvenience.

4. An order pulling down the unwanted structures erected on plaintiffs. Plot numbers 9 and 11 Block ‘C’ Abuakwa Kagyase, Kumasi and a further order carting away the debris at the joint expense of the defendants.

5. Perpetual injunction restraining the defendants whether by themselves their assigns, servants, agents and labourers from entering the land for any purpose whatsoever.

6. Any other reliefs.

The defendants entered appearance and in their statement of defence counterclaimed for:

i. Declaration