Nii Amoafio II and Ors v. Land Commission and 2 Ors

Plaintiffs having been given judgment against the defendants on 12thday of June, 2000 in respect of a piece of land situate at Amrahiaapplied for an order for leave to demolish all unauthorized structures onthe said land which was granted by this court on 13th December, 2013subject to 14 days’ notice given to the occupants on the said land.

Inthe process the claimant herein was given notice of demolition of hisproperty.

He as a result issued Notice of Claim against the plaintiffsclaiming ownership of all that piece or parcel of land with an uncompleted building thereon situate at Adamorebe in the TemaDistrict, Accra and measuring 0. 33 acres which is a subject matter of alease between him and Okiti Pa Ogya Agona Family of Adomorobe andcovered by Land Certificate No TD 2406 which had been attached by theplaintiffs for demolition in execution which plaintiffs disputed.

Both plaintiffs and claimant were ordered by the court to appear beforeit for the issues between them to be determined.

They subsequently appeared before this court on 12th March, 2015 and the court orderedthe Claimant to file a statement of claim and the plaintiffs ordered to filestatement of defence which processes were eventually filed by the saidparties.

The court then started the hearing of the claim.

In the process partiesrequested that the court allows them to settle the matter between themout of court which the court granted.

So on 23rd February, 2016 thecourt granted parties their request to settle the matter out of court.

Parties thereafter prepared Terms of Settlement.

So the parties havingamicably settled the matter filed the said Terms of Settlement dated 21stday of March, 2016 endorsed by both parties and their lawyers.

By thesaid Terms of Settlement, parties have agreed as follows: “WHEREAS: 1. A. The Claimant commenced this interpleader action against Plaintiffs/Defendants claiming ownership of all that piece ofland with uncompleted building thereon situate at Adamrobe inthe Tema District and for declaration of title to same coveringan approximate area of 0. 33 acres covered by Land CertificateNo TD 2406 which has been attached for demolition inexecution.

B. And Plaintiffs/Defendants filed a Statement of Defence andCounterclaim against Claimant for: a. A declaration of title to land, the subject matter of dispute.

b. A declaration that Claimant and or his grantors have trespassed unto Defendant’s land.

c. Recovery of possession of land the subject matter of the dis