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JUDGMENT
JUDGMENT
By an amended writ of summons filed on 29/11/2022, the Plaintiffs claimed against the
defendant the following reliefs:
1. A declaration of title to plot number 10 located and situated at Ngyiresia Essipon
Mpintsin physical planning scheme measuring 0.43 acre bounded on the North
by a vast land, at the West by Plot N0. 9 on the South by plot No. 12 and the East
by proposed road.
2. Damages for trespass
3. Perpetual injunction restraining the Defendant, his agent, family members,
workmen, assign, privies, etc., from having anything to do with the said plot.
4. Recovery of possession of the land in issue
Pursuant to the leave of the court granted the Defendant, he filed an amended
Statement of Defence on the 11th of March, 2021 wherein he denied all the averments of
the Plaintiffs. He did not set up any counter-claim.
At the end of the trial, the lawyers were ordered to file their respective addresses. The
Plaintiffs’ Counsel filed theirs on 19/1/2023 and the Counsel for the defendant also filed
his on 07/02/2023. Both addresses were considered in this judgment.
THE CASE OF THE PLAINTIFFS
The Plaintiffs are a married couple resident at Ngyiresia. The 1st Plaintiff testified on his
own behalf as well as on the behalf of the 2nd Plaintiff. It is the case of the Plaintiffs that
they jointly acquired the disputed land from Nana Kwamena Awortwe of the
Abankyewa Ebiradze stool family of Ngyiresia sometime in 2007. They were issued a
receipt and subsequently, an indenture was prepared for them. A search was
conducted before the purchase which indicated that the said land was unencumbered.
Plaintiffs aver that sometime in 2016 they noticed the defendant had trespassed onto the
land. Upon enquiries, the defendant denied it and said he was merely a workman for the trespasser. It was when the writ was issued that he appeared in court as the person
developing the land. It is further their case that the land belongs to their grantors who
have always been in control and possession of the land and that they (the grantors) are
the original owners of all adjourning plots to the subject matter land. The Plaintiffs say
the land does not belong to the defendant.
THE CASE OF THE DEFENDANT
The Defendant on the other hand avers that the disputed land belongs to the Kukudo
Abantwa Ebiradze Royal Stool Family, of Ngyeresia. It is the case of the defendant that
his predecessors successfully defended court actions affecting the family land