NELSON SOWAH KLU VS KOJO ASIAMAH & ORS

By his amended Writ of Summons dated 3rd March 2020 the Plaintiff claim against the Defendants for the following reliefs:-

i) Declaration that the land situate and lying at Okpoi Gonno North East Teshie Batsonaa which has been described in paragraph 3 of the Plaintiff’s Statement of Claim is Plaintiff’s land.

ii) Damages for trespass

iii) A perpetual injunction restraining 1st, 2nd and 3rd Defendants from trespassing unto the land or claiming ownership of same.

iv) Costs.

Gleaning from the pleading and witness statement subsequently filed, this briefly was the Plaintiff’s case.

CASE OF PLAINTIFF

The Plaintiff aver that in or about the year 2004 he acquired the land subject matter of the instant suit from John Nii Nmashie Adjetey, Daniel Adzete and Eric Akpor Sowah.

The Plaintiffs claim that his grantors were the joint owners and customary successors to the late Joseph Okaing Adjetey, Late Akpor Sowah and late Azana Adjei Klu. He further claims that the said grantors were the original owners of a vast portion of land which includes the land in dispute.

He further stated that the land which is in dispute is situate and lying at Okpoi Gonno North East Teshie Batsonaa measures approximately 0.34 acres and same is bounded on the North East by lessors land measuring 140 feet more or less on the South West by lessors land measuring 100 feet more or less on the North West by lessors land measuring 140 feet more or less.

The Plaintiff states that upon acquisition of the said land he erected four (4) corner pillars and deposited a trip of sand and a trip of stones on it. The Plaintiff further states that an indenture was executed in his favour and he subsequently registered same with the Lands Commission.

It is Plaintiff’s case that he had applied for Land Title Certificate which is still in progress when the Defendant from nowhere trespassed unto the land.

The Plaintiff says that a search conducted at the Lands Commission in the year 2010 shows that the land he bought which forms part of a vast land still remains in the name of his grantors according to a judgment dated 13th June 2006.

It is Plaintiff’s case that the 1st, 2nd and 3rd Defendants without any colour of right in or around 2009 entered the land and erected a fence wall on same using his building materials deposited on the land. Plaintiff says he subsequently reported the Defendants to the police at the Nungua Police Station.

The Plaintiff contend that the 1st Defendant occupies one plot of