MARY DONKOR v. ALHAJI TANKO AND MR. ABRAHAM

JUDGMENT

FACTS

The plaintiff, originally suing through her Lawful Attorney, caused a writ of

summons to be issued against the defendants on 2nd October, 2017. The

plaintiff, per an amended Writ of Summons and Statement of claim filed on

5th March, 2020, sued in person claiming against the defendants jointly and

severally as follows;

a. A declaration of title to all that piece or parcel of land situate, lying and

being at Community 22 Annex at Tema described as plot No. D132

situate, lying and being at Community 22 Annex Tema in the Tema

District in the Greater Accra Region of the Republic of Ghana and measuring 100 feet by 70 feet which piece of land is more particularly

delineated on the site plan.

b. Recovery of Possession

c. General damages against the defendants for trespass.

d. Perpetual injunction restraining the defendants, their agents, assigns,

workmen, successors-in-title etc. and any person claiming title through

the defendants from claiming or interfering with plaintiff’s land.

e. Any other equitable or other relief as this Honourable Court may seem

fit.

THE CASE OF THE PLAINTIFF

The plaintiff’s case as contained in the amended Statement of Claim dated 5th

March, 2020, is that she is a Ghanaian businesswoman ordinarily resident in

Kuwait. The plaintiff describes the defendants as trespassers on her land who

are developing the land with lightning speed. The plaintiff states that she

purchased a parcel of land from the Tema Traditional Council and after the

purchase, the Tema Traditional Council wrote a letter to the then Tema

Development Corporation, now TDC Development Company (TDC) dated

22nd November 2012, to inform TDC to confirm the allocation and to inform

TDC that the Tema Traditional Council has regularized Plot No. D132

Community 22 Annexe Tema in favour of the plaintiff. The plaintiff says that

the Tema Traditional Council requested TDC to continue with the rest of the

formalities to authenticate the allocation of the disputed land in her favour.

The plaintiff further avers that TDC wrote a letter to her titled; Re:

Regularisation of Plot -RP/TM/C22/AA/132 Community 22, Tema dated 18th

March, 2015 in which TDC required her to pay an amount of GH¢2,025 as Land Management Fee and GH¢126 as Annual Ground rent before the formal

Right of Entry Letter would be issued to the plaintiff. The plaintiff further

says that she wrote a letter to TDC dated 17th April, 2015, to accept the offer of

the property and