NAA KUOKOR NIKOI & ANOR v. ALEX LOVEJOY ARMAH (SUB. BY SAMUEL AYITTEY HAMMOND) & ANOR

1.0 INTRODUCTION:

The case of the Plaintiff as captured by their statement of claim is that the 1st Plaintiff is a Librarian with the Bank of Ghana and lives at Larebiokorshie in Accra. The 2nd Plaintiff is the grantor of 1st Plaintiff and head of the Nikoi Olai Family of Asere.

1.1 The 1st Defendant claims he is the lawful representative of the Asere Stool of Akotia Oworsika. The 2nd Defendant is a person unknown to the Plaintiffs and has trespassed unto the 1st Plaintiff’s land.

1.2 The 1st Plaintiff says she is the owner of ALL THAT PIECE OR PARCEL OF LAND situate lying and being at NIKOI OLAI TOWN, Accra, bounded on the North by a proposed road, measuring 100 feet more or less; on the East by lessor’s land, measuring 140 feet more or less; on the South by a proposed road, measuring 100 feet more or less and on the West by lessor’s land, measuring 140 feet more or less, containing an approximate area of 0.32 acre more or less.

1.3 The 1st Plaintiff states that she became the owner and beneficiary of the land by virtue of a lease made between the Nikoi Olai Stool Family of Asere Djorshie and herself on 1st day of January, 2002.

1.4 The 1 st Plaintiff deposited sand and stones together with cement blocks thereon and built a fence wall around the land. The 1st Plaintiff subsequently commenced registration thereof and the conveyance is numbered LVB. 9293/02, and some time on 8th December, 2007, her title to the land was published in the Ghanaian Times newspaper.

1.5 Sometime in 2009, the case between the parties went before the Police Regional CID Crime Officer Bright Oduro, who warned that nobody should go onto the land until the ownership question is resolved.

1.6 The 1st Plaintiff contends that during this period the 2nd Defendant went onto the land and trespassed on the land by building a foundation and built a platform therefore which the 2nd Defendant has filled up to a point and the 1st Plaintiff took pictures of the said development.

1.7 The 1st Plaintiff has built a wall around one plot and the 2nd Defendant purporting to take the other plot, under the influence of the 1st Defendant, and had fenced it.

1.8 The 1st Plaintiff says that it is without her leave and license, the 2nd defendant trespassed unto the land by commencing what appears to be a gigantic structure thereon. The 1st Plaintiff contends that she warned the 2nd Defendant to desist from the said trespass, however the 2nd Defendant still insist the land belongs to