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JUDGEMENT
Plaintiff’s Case By an amended writ of summons issued on 21st May 2014, the plaintiff claimed the following reliefs against the defendant: i. A declaration of title to all that piece or parcel of land situate, lying and being at Dzorwulu in the Greater Accra Region of the Republic of Ghana and bounded on the North-West by stool land measuring 140 feet more or less, on the South-East by proposed road measuring 140 feet more or less, on the North-East by stool land measuring 150 feet more or less and on the South-West by a proposed road measuring 150 feet more or less and covering an approximate area of 0. 51 acre.
Recovery of possession of the said land.
General damages for trespass.
Perpetual injunction restraining the defendant, his servants, agents, assigns and licensees howsoever described from in anyway interfering with the plaintiff’s peaceful and quiet possession of her land the subject matter of this dispute.
v. Costs.
An order for the demolition and removal of all unwanted structures on the disputed land at the cost of the defendant and removal of all sand and chippings put on the land by the defendant.
Special damages.
Refund of the cost of 250 cement blocks at the current market value of GH¢2 per block totaling GH¢500. 00. It is the plaintiff’s case that she was granted a 60 year lease over the land in dispute in the year 1987 by one Gershon Adom Botchway, who happens to be the defendant’s father, with an option to renew for a further term of twenty-five years.
The plaintiff asserts that she made certain payments to the said Gershon Adom Botchway in the nature of premium, goodwill and ground rent.
She asserts that she made a part payment of ¢200, 000. 00 old cedis on 7th April 1987, a deposit of ¢50, 000. 00 old cedis on 8th April 1987, two payments of ¢300, 000. 00 old cedis and ¢150, 000. 00 on 22nd April 1987 and a final payment of ¢150, 000. 00 on 27th March 1991. The plaintiff asserts that she duly stamped and registered her lease and went into effective possession of the land by erecting corner pillars and depositing 250 cement blocks on the land in preparation for a building she intended to put on the land.
The plaintiff asserts that on or about 1st August 1990, Gershon Adom Botchway unlawfully gave notice of re-entry unto the land claiming that the plaintiff had breached the covenant to pay rent and he determined the lease and re-entered the property on the said date unilaterally without any court action.
After the supposed re-