MATHEW ACQUAH v. ROSE DAMPSON

JUDGEMENT

The Plaintiff through his attorney is in this Court claiming per his writ of

summons the following reliefs:

A: Declaration of right title ownership and possession of all that

piece or parcel of land which is situate lying and being at a place

commonly known and called Donkornyiem/Sankor measuring 100

X 100 more or less and bounded on the North by plot No. 129, South

by plot No. 127, East by a proposed Road and the West by Plot No.

B: Recovery of possession.2

C: General damages for trespass.

D: Perpetual Injunction restraining the defendant personally her

executrix, successors, defendants, privies etc. from committing

further acts of trespass on the disputed land.(Sic)

The plaintiff as averred in the statement of claim as follows:

That during the life time of his (plaintiff’s) mother Aba Okoma she lawfully

purchased a piece or parcel of land at a cost of GHC3,000.00 (old currency)

from Kojo Tetteh of Sankor near Winneba measuring 100 X100 more or less

which said landed property is situated lying and being at a place known

and called Donkoryiem/Winneba numbered plot No. 128 which is bounded

on the north by plot No. 129, South by plot No 127 East by proposed road

and on the West by plot No. 125. Plaintiff states also that the whole

transaction was later reduced into the issuance of land Receipt dated 16th

May 1984, in respect of the said transaction which was duly signed/ marked

by their respective witnesses. That Mathew Acquah is the only surviving

child of the late Aba Okuma therefore according to their customary practice

and usage, he is now the customary successor to the estate of his late mother

Aba Okuma. Plaintiff states that Mathew Acquah currently resides at

Tarkwa in the Western Region and due to proximity to Winneba where the

subject matter is he granted power of attorney to this current head of family

to institute this action on his behalf.

Plaintiff further states that his mother was in very peaceful and quiet

possession of the subject matter till her death some years ago. Plaintiff says3

that when he intended to construct a single bedroom on the subject matter,

he instructed Charles Bondzie to deposit a trip of sand in preparation of the

construction but strangely to the plaintiff somebody went to the land and

erected a flag on the land indicating that she is claiming the subject matter.

Plaintiff further states that he made series of enquires and the outcome was

that it was the defendant who went t