MRS. CONNIE YIRENCHI & ANOTHER VS STEPHEN BOSOMPEM & ANOR. & ANOTHER

The Plaintiff Mr. and Mrs. Yirenkyi who are married couples ordinarily resident in the United States of America through their lawful Attorney, Asare Kwaku Acquah issued a writ of summons at the Court’s Registry dated 8th March 2016 against the Defendants claiming for the following reliefs :-

a) Declaration of title to the property

b) Perpetual Injunction restraining the Defendants, their assigns, privies and all those claiming title through them from dealing with the property.

c) Damages for trespass.

d) Damages for breach of contract

e) Cost including legal fees.

The 1st Defendant on the 1st day of December 2016 with the leave of the Court filed a defence to Plaintiff’s action when he succeeded in having a judgment obtained by the Plaintiff in default of defence set aside by the Court.

The 1st Defendant however did not file a counterclaim.

PLAINTIFF’S CASE

The case of the Plaintiffs through their Lawful Attorney is that by a Lease Agreement made sometime in 2009 between Nai Kwashie Budu, Ebusuapanin of Chocho Botcway family and the Plaintiffs, leased all its interest in the property described as all that piece or parcel of land situate lying and being at Awutu Bereku in the Awutu Senya District in the Central Region of Ghana starting from Pillar SGC1 ICCE/2/01/2 measuring 16061.14 feet more or less to LCY4 measuring 405.32 feet more or less to LCY1 measuring 302.15 feet more or less to LCY2 measuring 395.59 feet more or less to LCY3 measuring 324.22 feet more or less. Then closed at Pillar SGC A 195/08/1 measuring 18878.35 feet more or less approximate area of 1.41 acres more or less.

It is the case of Plaintiff that the 2nd Defendant signed as a witness to the said agreement. They immediately took vacant possession of the property by constructing a two-bedroom house on the property which was occupied by their lawful attorney till date.

Plaintiffs aver that sometime in 2012 they discovered that their Lease Agreement was missing from their home in the United States of America. That, pursuant to this development they informed their lessors who agreed to prepare a new lease covering the property for them.

That true to their word sometime in 2012 their lessors prepared a new lease covering the property for them for a consideration of GH¢5,000.00. This new lease prepared, the Plaintiff says was again signed by the 2nd Defendant.

Plaintiffs averred that they remained in undisturbed possession of the property until 2015 when the 1st Defendant came o