Nii Ashitey Tetteh v. Atta Ayiteh and Mr. Abu
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Tort Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff filed a case against the defendants for trespassing on his family's land, seeking a declaration of title, an injunction, damages, and recovery of possession. Defendants were served but failed to respond, leading to an interlocutory judgment in favor of the plaintiff. The plaintiff successfully proved title to the land through evidence of a Deed of Gift but failed to prove the extent of damages suffered from the trespass, resulting in nominal damages being awarded. The court granted title, a perpetual injunction, and recovery of possession in favor of the plaintiff.
Plaintiff commenced the instant action by issuing writ of summons andstatement of claim against defendants on 13th May, 2015 for thefollowing reliefs: (1) Plaintiff claims against the defendants jointly and severally a declaration that the defendants have trespassed on plaintiff’s family land described in the schedule attached to the statement of claim.
Perpetual injunction restraining defendants, their agents, servants and assigns from interfering with plaintiff’s land.
Damages for trespass.
Recovery of possession.
The defendants were accordingly served with the writ of summons andstatement of claim on 15th May, 2015 and 15th February, 2016 respectively but they failed to enter appearance so the plaintiff filedmotion on notice for interlocutory judgment in default of defence againstthe defendants.
The said motion was served on both defendants on 19thMay, 2016 but they neither entered appearance nor file a defence.
Theyalso did not file affidavit in opposition.
In view of that the motion wasmoved on 25th July, 2016 and it was accordingly granted by the Court after the defendants have been served with hearing notices and theyhad refused to respond.
Case was adjoined to 25th October, 2016 forplaintiff to prove his title to the disputed land and hearing notice orderedto be served on the defendants.
The defendants were accordinglyserved with the hearing notice on 19th October, 2016 but they failed torespond so on the said adjourned date the plaintiff gave evidence toprove his title.
Plaintiff’s case is that he is a driver and the head of Okoyootse AshiteyFamily and that the disputed land which his family acquired from NiiSackey Family of Bosuafise is at Bosuafise in the Ga South District.
Thesize of the land is 24. 21 acres.
His family got the land through plaintiff’s paternal grandfatherOkuyootse Ashitey.
He tendered in evidence an indenture on thedisputed land as Exhibit A. He contends that the defendants have trespassed on their land withouttheir consent and authority so he is pleading with the court to grantthem their reliefs endorsed on the writ of summons.
As has been stated elsewhere in this judgment the defendants did notenter appearance so the evidence of the plaintiff stands unchallenged.
Even though the defendants did not contest plaintiff’s case, sinceplaintiff’s claim borders on declaration of title and general damages fortrespass among other reliefs the onus is on the plaintiff to lead sufficientevidence to prove his title