MAVIS AMPAH vs WILLIAM TINDANA

Plaintiff’s case

By a writ of summons issued on 15th May 2019 which was later amended on 19th February 2020 to correct the name of the defendant, the plaintiff claimed the following reliefs against the defendant:

i. A declaration by this honourable court that the plaintiff is the owner of all that piece or parcel of land situate, lying and being at Kokrobite, Accra containing an approximate area of 0. 41 of an acre or 0. 17 hectare and starting from pillar SGGA 1/88/10/262/69 on a bearing of 215o0’57” measuring 26413. 93 feet more or less to 1 on a bearing of 234o11’measuring 103. 79 feet more or less to 2 on a bearing of 341o06’ measuring 200. 69 feet more or less to 3 on a bearing of 54o11 measuring 84. 27 feet more or less to 4 on a bearing of 155o37 measuring 195. 90 feet more or less to A1, thence closed at pillar SGGA 1/99/10/262/72 on a bearing of 34o52’11” measuring 26696. 53 feet more or less.

ii. Recovery of possession.

iii. Perpetual injunction restraining the defendant by himself or his agents, servants, licensees, lessees and assigns or any other person claiming an interest through the defendants from dealing with or entering unto the said property.

iv. General damages for trespass

v. Any other reliefs that the honourable court may deem fit.

vi. Cost

It is the plaintiff’s case that in the year 2005, she bought two plots of land at Langma, Kokrobite from the Nii Arde Nkpa family of Plerno of James Town and Kokrobite.

She directed that the documents be made in the name of her son Dela Quarshie which was duly done.

She effectively took possession of the land, cleared the land and fixed corner pillars on the land.

She commenced registration of the land in 2015 after having fully paid the purchase price for the land.

The plaintiff asserts that she visited the land frequently and on one of such visits, she noticed that someone had started developing her land.

Upon enquiries, it came out that it was the defendant who was developing the land and he informed the plaintiff he had purchased the land from one Jonas for GH¢30, 000. 00. The plaintiff states that this came as a surprise to her because the defendant, who resides on the land adjacent to the land in dispute, was fully aware that the land belonged to the plaintiff as the plaintiff had been frequenting the land and she even had cordial relations with the defendant.

The plaintiff asserts that she reported the conduct of the defendant to the Property Fraud Unit of the Ghana Police Ser