MISS FLORENCE SOWAH v. VIC ……… DEFENDANTS AND JOHN MENSAH

J U D G M E N T

By a writ of summons filed on the 8th of May, 2019, Plaintiff initially commenced the

action against the 1st Defendant claiming the following reliefs:

a. A declaration of title to Plot No. 94D situate at Kweikuma Layout bounded on all

sides by proposed lanes and plot no. 94D

b. Recovery of possession

c. Damages for Trespass

d. Perpetual Injunction restraining the Defendant either by herself, her agents,

privies, assigns, workmen etc from having anything to do with the land the

subject matter of this suit.

On the 5th of July, 2019 the court suo moto joined John Mensah as the 2nd Defendant to

the action when it came to its attention that the proper person to have been sued was

the 2nd Defendant. Parties were ordered to file their pleadings, following which their

various witness statements were also filed. At the close of the case the counsel for the

parties were ordered to file their written addresses but both failed to file same.

Plaintiff’s Case

The crux of Plaintiff’s claim is that she acquired plot no. 94D situate at Kweikuma

Layout from the Kukordu Ebiradze Stool Family of Fijai then represented by Opanyin

Kojo Korasten Amaning sometime in 1993. After the payment of the consideration for

the land, the transaction was reduced into writing and executed by the plaintiff and the

family. According to Plaintiff, she took possession of the land and constructed

foundation structures for her building. She also planted plantain and other crops on the

other portion of the land. It is the case of the Plaintiff that during the processing of the

document, litigation arose on the land between the stool family and another family and

so all developments on the land of the family were seized and the processing of the

document halted. Plaintiff avers that she was then working with the Ghana Health

Service and was transferred to several towns throughout Ghana and so for most of the

years in service she was out of Kweikuma where the land is situated. On her return,

she organized some workers to work on the land but the defendants came to confront

them claiming that she had also purchased the land. Defendants then caused the

destruction of the Plaintiff’s foundation structure and crops on the land and has sold

out the land to another person who is developing same. Hence this suit.

Defendants’ Case

The defendants per their statement of defence filed on 10/9/2020 denied the claims of

the plaintiff and averred that the 2nd Defen