Moses Nii Armah Okine v. Emmanuel Kontor Arthur

Plaintiff took out a writ against Defendant on the 19th December 2014 for thefollowing reliefs endorsed on the writ of summons: -a) Declaration of title to that piece or parcel of land described in the schedule as All that piece or parcel of land situate at Ngleshie Amanfro containing an approximate area of 0. 23 acre and bounded on the North by proposed road measuring 70 feet more or less on the East by proposed road measuring 140 feet more or less on the South by proposed road measuring 70 feet more or less on the West by proposed road measuring 140 feet more or less and particularly delineated on the plan attached and thereon edged pink.

b) Recovery of possession.

c) Damages for trespass.

d) Perpetual injunction restraining Defendant his agents, servants, assignees, workmen, grantees, privies or by whosoever claiming throughhim from entering onto the land and interfering in any way whatsoeverwith Plaintiff’s land.

BRIEF OF CASE Plaintiff case is that he acquired the land in dispute from Nii Kwashie GbolorIII (Chief of Ngleshie Amanfro) in September 1996 by way of a conveyance.

Plaintiff said he was given a lease which he stamped and registered at theland Registry with No. 1 196/2000. Plaintiff avers that he went into possession by erecting corner pillars and kept the land free of weeds byclearing.

Plaintiff avers that he has been in undisputed possession from 1996to 2014. Plaintiff said he was informed that Defendant had trespassed on hisland and that of the adjoining land belonging to his neighbour, one CharlesQuaye.

Defendant had started digging trenches in preparation to construct afence wall.

Plaintiff said he made a report to the Weija Police.

According toPlaintiff they got to know that Nii Kwashie Gbolor IV was the one who soldthe land.

Plaintiff said he and his neighbour confronted the Chief and showedhim their documents from his predecessor, and requested him to restrainDefendant but their efforts fell on deaf ears.

Plaintiff said he made furtherreport to the Police Property Fraud Unit where investigations revealed thatthe land had been registered in the name of Plaintiff and his neighbour.

Plaintiff said inspite of repeated warnings Defendant has constructed a fencewall around the two plots and has evinced a clear intention of annexingPlaintiff’s land unless restrained by the Court.

The Writ of Summons andStatement of Claim was served on Defendant on the 8th January 2015personally.

Defendant failed to enter appearance or file a St