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JUDGMENT
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