GH - MR. RUBY PENTSIL-BUKARI & ANOR vs EMMANUEL J. D. GBLEKPO

The plaintiffs by a writ of summons dated 6th November 2013, claimed the following reliefs against the defendant:

i. Perpetual injunction restraining the defendant herein, his agents, workmen, assigns or servants from entering or interfering with plaintiff’s occupation of the land in dispute.

ii. Damages for trespass

iii. Recovery of possession.

iv. An order for the demolition of the structure being erected on the land in dispute by the Defendant.

v. Cost.

The plaintiffs in their statement of claim averred that they acquired the land from the Tema Millennium Teachers Association through a sublease dated 26th April 2007 for a period of 99 years.

The plaintiffs further averred that their grantors also obtained the land from the Ayuley Kwaku Eyumu Family acting through the head of family Samuel Lartey Eyumu.

The plaintiffs also averred that their grantors, the Tema Millennium Teachers Association had registered their title at the Land Title Registry with certificate number TD 1047. The plaintiffs further averred that when they acquired the land they went into possession and exercised overt acts of ownership over the land by constructing the foundation of a building, building a wall around the property and also placing a caretaker on the land.

The plaintiffs averred that in 2012, their caretaker informed them that the defendant had trespassed onto the land and had started developing part of the land.

They warned the defendant to stop his acts of trespass through direct verbal conversations and also through a letter written by their solicitor but the defendant still persisted in his acts of trespass.

The matter later became a police case but the Afienya Police could not resolve the issue.

The plaintiffs therefore averred that they had no option but to institute this action against the defendant for the reliefs enumerated above.

The defendant entered appearance through his lawyer Prosper Xorla Nyahe of Afadjato Chambers on 21st November 2013. It must be placed on record that throughout the proceedings, Counsel still remained Counsel on record as he did not at any time seek leave from the court to withdraw from the action.

By an amended statement of defence filed on behalf of the defendant by the said Counsel, the defendant averred that the land in dispute is his legitimate property as he acquired it from the Teye Akrong Family of Afienya acting through its head Nene Akrong on or about the year 2008 but he received a lease from his grantors in 2012