MARGARET NTORI v. MAA ABENA, EUNICE, LYDIA, BASHIRU AND KWASI SARFO

The plaintiff took this action against the Defendants for the following reliefs:

a. Declaration that the Defendants have trespassed onto plaintiff’s plot of land and

put their metal containers on same without the consent and authority of the

plaintiff.

b. An order of this honourable court to eject the defendants jointly and severally from

the plaintiff’s plot of land for unlawfully putting their metal containers on same

without the consent and authority of the plaintiff’.

c. And any other orders that the court may deem fit and appropriate.

The evidence of the plaintiff is that she lives in Bibiani at a suburb called Quarters. That

in the house she lives there are undeveloped parcels of land both in front and behind the

said house.

That closer to where she resides is the defendant house too. That somewhere along the

line, the defendant trespassed onto her land and placed some kiosk and containers on

same and when she challenged him, he instead tried claiming ownership.

She intimated that those parcels of land in front and behind the house are part of the

remaining undeveloped portions of the land belonging to her which has been bequeathed

to her by his father by virtue of the fact that her father the late Francis Ntori worked with

the Mines. She further stated that as far as the said house is concerned, her late father

used the name of one of her siblings called Awusi Samuel Kwadwo Collins who now

lives in the U.S.A to prepare the documents and site plan. She tendered same into

evidence marked exhibit A.

She further stated that they have been in possession of the said property for many many

years as that has been where she and all her siblings were born. And the land has been

well delineated all this while, so therefore, she does not understand why the Defendant

should trespass onto same.

The plaintiff’s only witness Anastasia Aboagye testified to the effect that she knows the

disputed land very well. That about twenty (20) years ago it was the plaintiff’s father, Mr.

Ntori who gave her a portion of the land for a kiosk. She stated that initially the plaintiff’s

father was using same for a garden and it was part that was given to her and the rest still

remained as a garden until another friend of hers was given yet a portion for a kiosk too.

And they remained on the land plying their business for many years until she finally left.

She further stated that she became surprised when she heard the defendant was claiming

the place