JOYCE KYEREMAA v. NANA OSEI

JUDGMENT

Per her writ of summons dated 12/07/2022, the plaintiff commenced this action against

the defendant seeking the following reliefs:

(a) Declaration and recovery of possession of all that plot No. 201 Block ‘B’ Sector

2 situate and lying at Dormaa Ahenkro which said disputed plot was gifted to

the plaintiff by her late father George Kwaku Kyeremeh but the defendant has

trespassed onto same.

(b)Perpetual injunction restraining the defendants and his agents, servants,

privies and assigns etc from having any dealings with the said plot of land.

(c) An order to declare any purported sale of the said disputed Plot as null and

void.

The gravamen of the plaintiff’s case is that, her late father George Kwaku Kyeremeh

gifted the disputed plot No. 201 Block “B” Sector 2 to her and the defendant has

trespassed onto the said plot by erecting a metal container on same.

Having perused the whole of the evidence on record, this court is of the view that the

plaintiff’s case is more probable than that of the defendant. When the suit was first

filed and a date was set for appearance, that is 22/07/2022 the defendant failed to make

an appearance. The case thus suffered an adjournment with two other consecutive ones. It was on the fifth adjourned date that the defendant made his first appearance

and his liabilities were taken. He pleaded not liable to all the (3) three reliefs applied

for by the plaintiff.

Because he pleaded not liable to all the reliefs applied for, the court concluded that

there were issues at stake which needed to be determined by the Court. To ensure an

expeditious trial, which is inexpensive confidential and amicable settlement achieved

with the arbitration process done in the local language, the case was referred to the

court connected Alternative Dispute Resolution (CC-ADR) team at the Dormaa

Circuit Court for settlement on 05/10/2022.

On 11/10/2022, a report was received from the ADR team that “The matter between

the parties could not be settled and that, the defendant failed to cooperate in the

settlement. He failed to turn up at the second time of settlement.

When the return date for parties to make an appearance in court came up, the

defendant failed to make an appearance in court too. The plaintiff was asked to make

another hearing notice to the defendant all to no avail. Hearing notices were filed on

three consecutive sittings but to no avail except the last one on which non-service was

proved. After the no