MR. KWASI ACKON AND MRS. NKOKOBIO ACKON v. JOSEPH ACKOM

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