MR. KWAME DONKOR & ANOR vs MR. HERBERT ACQUAYE & ANOR

Plaintiffs’ Case

By a writ of summons issued on 18th August 2016, the plaintiffs claimed the following reliefs against the defendants:

i. Declaration of title over all that piece and parcel of land situate, lying and being at North West Teshie, Accra and starting from SGGA 39o/93/10 on a bearing of 2830371 at a distance of 1642. 0 feet to C15A on a bearing of 2420021 at a distance of 94. 5 feet to C14A on a bearing of 3320101 at a distance of 88. 5 feet to C13A on a bearing of 062o501 at a distance of 64. 8 feet to C14 on a bearing of 107o541 at a distance of 42. 7 feet to C15 on a bearing of 1520181 at a distance of 56. 9 feet to C15A more or less and having an approximate area of 0. 18 acre or 0. 07 hectare in favour of the 1st plaintiff.

ii. Declaration of title over all that piece and parcel of land situate, lying and being at North West Teshie, Accra and starting from SGGA 39o/93/10 on a bearing of 2830371 at a distance of 1642. 0 feet to C15A on a bearing of 2420021 at a distance of 94. 5 feet to C14A on a bearing of 3320101 at a distance of 88. 5 feet to C13A on a bearing of 062o501 at a distance of 64. 8 feet to C14 on a bearing of 107o541 at a distance of 42. 7 feet to C15 on a bearing of 1520181 at a distance of 56. 9 feet to C15A more or less and having an approximate area of 0. 18 acre or 0. 07 hectare in favour of the 2nd plaintiff.

iii. An order directed at the 2nd defendant to cancel certificate number GA 48845 in favour of 1st defendant.

iv. An order directed at the 2nd defendant to issue Land Title Certificate in favour of the plaintiffs on their respective assignments from New England Estate Ltd.

v. Perpetual injunction restraining the defendants herein, its assigns, workers, officers, servants, agents or any person(s) claiming through them from entering, granting or developing or interfering in any manner the land in dispute.

vi. Recovery of possession.

vii. General damages.

viii. Cost.

It is the plaintiffs’ case that on 21st March 2006, they got their respective lands from New England Estates Ltd. after the 2nd plaintiff had on 14th December 2004 entered into a purchase agreement with New England Estates Ltd. The plaintiffs aver that their grantor New England Estates Ltd. also got its grant from the Lenshie Quarter of Teshie and duly registered their title with certificate number GA 13722. It is the plaintiffs’ case that they went into immediate possession of their various lands, constructed walls around the land and deposited