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JUDGMENT
The present action was commenced in this Court against the first Defendant on 30th March 2011. Following an order of joinder granted on 6th November 2012, the writ was amended on 22nd November 2012. The reliefs sought by the Plaintiffs from the Court are:
a. Declaration of title to two separate plots of land at Ngleshie Amanfro Accra containing an approximate area of 0. 153 acre respectively.
b. Recovery of possession.
c. General damages for trespass.
d. Special damages for use and destruction of the plaintiff’s building materials.
e. Costs of the suit.
The Case of the Plaintiffs
The Plaintiffs acquired their plots of land initially from Nii Kwashie Gborlor II and Kwame Bosompem who are the chief and Dzasetse respectively of the Akramaa Family of Ngleshie Amanfro on 1st July 2001. The land was bare so after its acquisition, the plaintiff immediately took possession by erecting corner pillars.
Sands, stones and blocks were deposited on it for the construction of a dwelling house.
The Plaintiffs submitted their documents to the appropriate land institution for the registration of their interest and title in the land.
While waiting for the Lands Commission to complete the registration process, they were informed that the people of Weija in the year 2004 obtained judgment over part of the Amanfro lands.
It was their case that the Judgment covered the land granted them.
The Plaintiffs then contacted the Weija Stool for the regularization of their title, but they were told that they had already granted that part of the land to Berch Shalom Construction and Trading Company Limited.
In 2008, the Plaintiffs approached Berch Shalom Construction and Trading Company for the regularization of their interest and title.
The said company assigned their interest in the land in respect of the land in dispute on 15th August 2008. The Plaintiffs lands were plotted by the Lands Commission, Accra in their names.
The Plaintiffs have been in possession and have been paying rent to their grantors and the Lands Commission since 2002. In 2008, the Plaintiffs had information that some thugs had gone on their land and had started digging building foundation on the land.
When the Plaintiffs confronted them, they claimed to be acting on the instructions of the Defendants.
The Plaintiffs reported the matter to the police headquarters and it turned out that the Defendants were also claiming ownership of the land.
The Defendants who have no title to the land have persiste