MRS. WILHEMINA AKWELEY GRAVES v. ARABA BENTSI-ENCHILL

HONYENUGA, J.A.

By her writ of summons, the plaintiff/respondent (hereinafter referred to as the plaintiff) claims against the defendant/appellant(hereinafter referred to as the defendant) as follows:-.

(i) Declaration of title to all that piece and parcel of land measuring 0.39 of an acre situate at Ramblers Cottage,Cape Coast.

iii) Perpetual injunction restraining the defendant either by herself or her agents, workmen, servants etc.

from interfering with the plaintiffs possession, use and enjoyment of the said plot.In the accompanying statement of claim, the plaintiff averred that she is the owner by purchase of the said plot in dispute, whilst the defendant who has an adjoining plot around the same plot recently,started developing her plot and strayed into the plaintiffs land.

As a result a dispute arose between the parties which led the plaintiffs lawyer to write to the Registrar of the High Court to assist to demarcate the plot for peace to prevail.

The plaintiff further averred that the defendant refused to submit her site plan to the Regional Surveyor who was appointed to demarcate the respective plots and the Surveyor demarcated the plaintiffs plot and pillared the plots.It is the case of the plaintiff that she documented her plot with all the relevant bodies in the Municipality.

However, the defendant thereafter destroyed the pillars of the plaintiff and proceeded to repot her to the Regional Police Command that the plaintiff was preventing her from developing her plot.

The matter was investigated by the Police and the allegations were found to be false therefore the plaintiff was asked to continue with the construction of her wall.

Finally, the plaintiff averred that the defendant continued with her acts of trespass and prevented the plaintiff from putting up her wall despite her protests and advice from governmental agencies.Upon service of the writ of summons and the statement of claim on the defendant, she filed a statement of defence and a counterclaim.The defendant averred that save that the plaintiff lives in a building at Ramblers Cottage, her building is however designated plot No.61 in the layout of the area which though commonly called Ankaful is properly Essuekyir Layout.

The defendant stated that she owns two adjoining plots of land designated plot Nos.

The defendant denied that she strayed an inch into the plot of the plaintiff and she started developing one of her plots No. 62 close to three years which she completed and