The plaintiff, on 10th April, 2015 took an action against the defendant byfiling a writ of summons and statement of claim for the following reliefs: a. An order for declaration of title to the land described in the schedule.
b. An order for recovery of possession of plaintiff’s land trespassed unto by the defendant.
c. Perpetual injunction restraining, the defendant, his agents, assigns and all persons claiming through him from interfering with plaintiff’s occupation and development of the land.
d. Damages for trespass.
e. Cost. Several attempts were made by the bailiff to serve the defendant withthe writ of summons and statement of claim but he could not so he filedaffidavit of non-service to that effect.
The plaintiff, therefore, applied tothis court differently constituted for substituted service of the said processes which was granted.
The defendant was accordingly servedwith the processes per substituted service in the manner as ordered bythe court and the bailiff filed affidavit of posting to that effect.
In spiteof that the defendant failed to enter appearance so the plaintiff appliedfor judgment in default of defence under Order 13 of CI 47. On 8th December, 2015 this court granted the plaintiff interlocutoryjudgment in default of defence and case adjourned for the plaintiff toprove his title to the disputed land and for assessment of damages.
Plaintiff’s case as presented in his statement of claim is that the plaintiffis the owner of a parcel of land situate at Pantang in the Ga East Districtof the Greater Accra Region described as follows: “All that parcel of land containing an approximate area of 0. 39 acre andbounded on the North West by Lessor’s land measuring 100. 3 feet moreor less, on the South East by Lessor’s land measuring 102. 1 feet more orless, on the South East by proposed road measuring 165. 0 feet more orless, on the North East by Lessor’s land measuring 180. 3 feet more orless. ”The plaintiff acquired the said land from Nii Kotei Brempong V and NiiOkoe Kotei II in their capacities as lawful attorneys of Nii AfutuBrempong (We) Family of Teshie, Accra by way of a lease dated 17thday of August, 2010. The high Court, Accra confirmed the allodialownership of the said land by his grantors in suit numbers AL 26/2005and AL/2006 in a judgment dated 12th February, 2009. The saidconsolidated judgment affirmed an earlier decision in favour of plaintiff’sgrantors made on 8th July, 1914. After the acquisition of the said land, the plain
