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JUDGMENT
J U D G M E N T
DOMAKYAAREH (MRS), J.A
[1] This is an interlocutory appeal from the High Court, Winneba dated 11th July 2018.
The genesis of this appeal is a dispute on title to land between the parties, situate at Odupon Kpehe, Kasoa Residential Lay-Out in the Awutu Senya East District of the Central Region.
[2] The Plaintiff/Appellant (hereinafter called the Appellant) in his Amended Writ and Amended Statement of Claim found at page 53-56 of the Record of Appeal averred that he acquired the land in dispute by virtue of an Assignment dated 23rd October 2017. This is how he traced his root of title: -
· Lease dated 25th November, 1996 processed as Document No. CR 1760/97 and stamped as LVB/CR/147/96 between Nai Odupong Awushie Tetteh II, Head of Anona Family of Odupong Ofaakor and A.K. Allotey Ananse of Kasoa;
· Sublease dated 1st April 1997 processed as Document No CR 470/97 and stamped as LVB/CR/733/97 between A.K Allotey Ananse of Kasoa and Mr. & Mrs. Osae Addo of Accra;
· Deed of Assignment made between Mr. & Mrs. Osae Addo of Korle-Bu - Accra and him (Kwabena Mensah) dated 23rd October, 2017.
[3] The Appellant averred that none of his Grantors, namely Nai Odupong Awushie Tetteh II, Mr. A.K. Allotey Ananse, and Mr. & Mrs. Osae Addo had any challenge from any one including the Defendants/Respondents (hereinafter called the Respondents) on the ownership of the land in dispute and also, that since he acquired the land in dispute he has not had any hindrance from any one, including the Respondents. The Appellant averred that he was recently informed that the Respondents had claimed ownership of the land, unlawfully entered onto same and started developing it. The Appellant averred that since he acquired the land in 2017, and his Grantors who had uninterrupted and peaceful possession of the land since 1996, the Respondents action is unlawful and therefore must be restrained. He therefore claimed the following Reliefs: -
(a) A declaration of title in the Plaintiff of all that piece or parcel of land described in the schedule to his Writ and Statement of Claim;
(b) An order of perpetual injunction against the Defendants, their assigns, privies, servants, workmen and all persons claiming through them, restraining them from entering upon the land in dispute which is the subject matter of this suit;
(c) Damages for trespass
(d) Costs including legal fees, assessed at twenty percent (20 %) of the value of the land.
[4] The 1st Respondent, den