LT CDR J. A. N. DENNIS vs MR ATO LINDSAY

The Plaintiff filed a suit against the trespassers on the 11th May 2007 for the following reliefs:

a. An order that Plaintiff is the proper lessee of the land in dispute.

b. Recovery of possession.

c. Damages for trespass.

d. Perpetual injunction to restrain.

e. Any other reliefs.

Defendant entered appearance and identified himself as Ato Lindsay.

The case was struck out on 11th March 2011 by His Lordship Justice Amos Buertey and was relisted on 11th December 2012. At the close of pleadings the followings issues were set down for trial:

1. Whether or not Plaintiff is the owner of the land in dispute?

2. Whether or not the judgment in Suit No. L239/98, EMMANUEL ASHAI TAWIAH & ORS VRS LAND VALUATION BOARD, AND NIIKOTEYFIO VRS LANDS COMMISSION & ORS empowers Plaintiff as owner by government lease of the land dispute. (meaning not too clear)?

3. Whether Defendant is entitled to possession of the land in dispute?

4. Whether or not Plaintiff was in possession of the land at all material times?

5. Any other issues raised on the pleadings.

When the case was ready to be heard CI 87 had come into operation.

Parties were ordered to file their Witness Statements and Pre-trial checklists.

After case management the case was finally set down for hearing on 18th January 2016. The defendant closed his case on 22nd June 2016. Plaintiff’s Case Plaintiff claims ownership of the land in dispute numbered as Plot 149 by way of a lease from the Government of Ghana in 1979, but was finally registered in 1996. Plaintiff said he completed processing his building permit in 2006. Plaintiff said sometime in 2000 his land was sold by some people from Agbogba to a Pastor who abandoned the land after Plaintiff explained issues to him.

Plaintiff said he later had to contend with some people from La Nkwantanang who consistently prevented him from working on his land, and who sold the land to one Harry Quartey who constructed a wall around the land.

Plaintiff said he made several reports on the matter to the Madina Police from 2004 to 2006. Later the matter was sent to, the Police Headquarters and the Property Fraud Unit.

Plaintiff said the La Nkwantanang people claimed ownership to the land by way of a judgment.

Plaintiff said his understanding of the said judgment was to the effect that persons like him who acquired the land through government were to remain on the land.

Plaintiff said though all parties were requested by the Police not to enter the land he found o