LEONARD ODARTEY MILLS v. PATRICK ASANTE AND STEPHEN ADU

1.0 The Plaintiff commenced the instant action against the 1st Defendant

initially on the 23rd day of May 2018 and per his amended Writ of

Summons filed on the 15th day of May 2019 claim against the

Defendant for the following reliefs:-

a) Declaration of title to the piece or parcel of land described in the

schedule;

b) Injunction

c) Damages for trespass

d) Recovery of Possession

2.0 The Defendant herein did not file any counter-claim to the Plaintiff’s

action.

PLAINTIFF’S CASE

3.0 Plaintiff testified through a Lawful Attorney one Issifu Kofi Kumado.

4.0 It is his testimony that in the year 2003 he acquired the land described

in the schedule from Nii Tettey Kojo II chief of Ayawaso and Lawful

Representative of the Nii Ayi Kushie family of Ayawaso in the Ga

District of the Greater Accra Region of the Republic of Ghana with

the consent and concurrence of the principal members of the family.

5.0 This parcel of land is described in the schedule as ALL THAT PIECE

OR PARCEL OF LAND situate, lying and being at Ayawso in the Ga

District in the Greater Accra Region aforesaid and bounded on the

North/East by proposed road measuring 234.8 feet more or less on

the South/West by the lessor’s land measuring 267.2 feet more or less

on the South/East by proposed road measuring 122.6 feet and 39.9

feet respectively more or less on the North/West by the lessor’s land

measuring 143.2 feet more or less and containing an approximate

area of 0.871 acres or 0.35 hectares feet more or less.

6.0 The Lawful Attorney told the Court that he led the Plaintiff to the

mantse of Ayawaso in 2002 to acquire the land the subject matter of

the instant suit.

7.0 That after the acquisition of the land he was given an indenture in

2003 which was tendered in evidence as Exhibit “B”

8.0 It is his testimony that Plaintiff immediately took possession of the

land and erected a fence wall around the land with a gate in 2002 and

constructed a single room on the land in the same year.

9.0 That in the year 2011 Plaintiff sent a block making machine to the

land and constructed another single room to store cement.

10.0 It is the case of the Plaintiff that in 2018 the Defendant entered the

land and demolished part of the fenced wall and the single room

which was constructed purposely for the storage of cement.

11.0 Plaintiff according to the Lawful Attorney reconstructed the

demolished fenced wall but again Defendant came to demolish it.

DEFENDANTS CASE

12.0 The 1