KWAMINA AWULLEY LARTEY v. MADAM ABIGAILN ADJEI AND LINDA OSEI KOKOFU

JUDGMENT

By an Amended Writ of Summons and Statement of Claim filed on 21st

January, 2020, Plaintiff claims against Defendants the following reliefs:

a. ‚A Declaration of title to all that piece or parcel of land situate lying

and being at Sowutuom in the Ga Anyaah-Sowutuom Municipality of

the Greater Accra Region containing an approximate area of 0.16 acre

more or less and bounded on the Noth by a proposed road indicating

line A1 to A2, bearing 088°23’, measuring 67.5 feet more or less, on the

South by Lessor’s land indicating line A3 to A4, bearing 269°56’,

measuring 65.7 feet more or less, on the East by Lessor’s land

indicating line A2 to A3 bearing 184°28’ measuring 99.7 feet more or

less, on the West by Lessor’s land indicating line A1 to A4, bearing

003°14’, measuring 97.9 feet more or less which is more particularly

depicted on the site plan attached hereto the indenture dated 15th

February 2007, executed in favour of Plaintiff by the Abola Piam family

of Accra, acting per its lawful head Joseph Yaya Addy, where Plaintiff

had lived since 1993.

b. An order for perpetual injunction to restrain the Defendants either by

themselves, agents, cohorts, privies, workmen, whomsoever or

otherwise howsoever from interfering or dealing in anyway or manner

with Plaintiff’s land.

c. General damages for trespass

d. Costs including legal fees asses per GBA approved scale of fees.‛

It is Plaintiff’s case that somewhere in the year 1990, he purchased land

situate at Sowutuom from Col. Addy, the then head and lawful representative

of the Abola Pam We, Accra. According to him, he was given an indenture

and site plan which later got missing so in 2007, he contacted Joseph Yaya

Addy, the present head of family and was issued with a new site plan and

indenture covering the land in dispute dated 15th February, 2007. Plaintiff says

that he built on a portion of the land and had caretakers at all times on the

land and has been in quiet possession for over twenty-six years. According to

Plaintiff, in recent times the Defendants have been claiming ownership of the

land so he lodged a complaint with the police but the issue was not resolved

hence the instant action.

Defendants entered appearance through counsel on 8th August, 2019 and filed

a Statement of Defence on 13th December, 2019.

On 5th October, 2020, the following issues were adopted and set down for

trial:

1. ‚Whether or not Plaintiff acquired the disputed land from the Abola

Pia