MAAME BOABAE VS NKETSIAH YALLEH

THE PLAINTIFF issued out of the Registry of this court, a civil writ of summons against the Defendant for the following reliefs: i. Declaration of title to plot of land measuring 0. 17 acres situate and lying at Domeabra near Agona; ii.

Perpetual injunction restraining the Defendant herein either by himself, his servants, agents, workmen, assigns, etc.

from having anything to do with Plaintiff’s said plot of land; iii.

An order declaring any purported grant of writ of possession to the Defendant in respect of the said plot of land as null and void; iv.

Costs inclusive of legal costs.

The writ of summons was accompanied with a 14 paragraphed statement of claim.

The Defendant entered appearance and filed a 10 paragraphed statement of Defence.

After a reply and the time limited for pleadings had closed, an application for direction was filed on 09/11/2020; and on 12/2/2020, the following issues were adopted as issues for the determination of the matter thus: a. Whether or not a judgment properly so-called has been pronounced in respect of the disputed land? b. Whether or not the disputed land was properly acquired and has been effectively occupied till date? c. Whether or not the Defendants has any claim to the disputed land? d. Whether or not the Plaintiff is entitled to her claim? e. Any other relevant issue(s) arising out of the pleadings.

Additional issued were filed thus: a. Whether or not the subject land has been a subject of previous litigation; b. Whether or not judgment was given in favour of the Defendant; c. Whether or not the Plaintiff is estopped from relitigating same.

Further to the above, parties were directed to file their respective witness statements and the matter adjourned to 12/3/2020 for Case Management Conference.

PLAINTIFF’S CASE: The Plaintiff who testified through her attorney stated that in 1987, his principal relative Kwansere Yaaba acquired a plot of land from the stool of Agona at a place known as Domeabra, a suburb of Agona Nkwanta then an undemarcated area which then measured 0. 17 acres and shared boundaries with Gyambia, Maame Yaaba, Auntie Ama, Ayeibu, Kwame, Auntie Nketiaba and which eventually was numbered as Plot No. 298. Upon going into possession, the late Kwansere Yaaba put up an eight rooms of swish thereon.

The 2 rooms collapsed in the course of time.

Later, Kweku Donkor, Kwansere Yaaba’s child also put up two additional buildings on a portion of the land and he still lives there up to the present.

In