GH - MARGARET BOAKYE & ANOR vs JAMES ASANTE

The Plaintiffs by an amended writ of summons filed on the 5th day of March, 2015, claimed the following reliefs against the Defendant: -

i. A declaration of title to all that piece of land situate lying and being at POKUASE NORTH EXT, Accra in the Greater Accra of the Republic of Ghana and containing an approximate area of 0. 32 acre more or less and bounded on the North East by proposed road measuring 40 & 65. 0 feet more or less on the South West by Lessor’s land measuring 100. 0 feet more or less on the North West by proposed road measuring 130. 0 feet more or less on the South East by Lessor’s land measuring 140. 00 feet more or less;

ii. Recovery of possession;

iii. General damages for trespass;

iv. An order of perpetual injunction to restrain the Defendant from interfering with Plaintiffs land.

The Defendant entered appearance and filed a defence but failed to defend the action upon promptings from the bench.

On the 14th day of June, 2016, this Court differently constituted struck out the Defendant’s defence and Plaintiffs were asked to prove their case on the 11th day of October, 2016. The Plaintiffs duly served the Defendant with hearing notice to appear before this Court on the 11th day of October, 2016, but the Defendant did not appear.

The Plaintiffs per their attorneys have led evidence before this Court to the effect that the 1st Plaintiff duly bought the land, had it registered and procured the relevant land certificate which was admitted in evidence as Exhibit ‘C’. A further search conducted by the 2nd Plaintiff in the Land Registry admitted in evidence as Exhibit ‘F’ revealed that the 1st Plaintiff is the registered proprietor of the land in question.

I am satisfied by the evidence on record that the 1st Plaintiff is the owner of the land in dispute.

I therefore declare title in her favour.

The evidence also shows that the Defendant has trespassed on the land by undertaking a construction project on the land albeit not completed.

I hereby declare title in favour of the 1st Plaintiff to all that piece of land situate at Pokuase North Extension, Accra and containing an approximate area of 0. 32 acre more or less as clearly described on the endorsement on the writ of summons.

I award general damages of Ten Thousand Ghana Cedis (GH¢10, 000. 00) against the Defendant.

The Defendant is perpetually restrained from interfering with the Plaintiffs enjoyment of the land.

I decree that the 1st Plaintiff do recover possession of the prope