NII ATTAH ARMAH v. AWE THE DEVELOPER

BY COURT:

The Plaintiff, by his Writ issued on 26th September 2008 claimed, on behalf of the Nii Kwaku Ahene Family of Bortianor against the Defendants the following:

(a) A declaration that Nii Kwaku Ahene Family is the owner of 11.19 acres of land.

(b) Perpetual injunction to restrain the Defendants from further interfering with portions of the said parcel of land.

(c) Recovery of possession of about 1.48 acres (10 plots of land) encroached upon by the Defendants.

(d) Damages for trespass

(e) Costs

As only one of the Defendants was known by name, he, one Awe and the Developer of a portion of the land, were served by substitution.

Even though no appearance and Defence were filed, on 21st April 2009, Directions was given and the Defendants were again served with a hearing notice by substitution.

On 8th May 2009, the Defendant gave evidence after hearing notice had been served by substitution. Apart from the evidence of the Plaintiff, which was not challenged, two other persons gave evidence as P.W.1 and P.W. 2 who testified that they know that the land being claimed by the Plaintiff belong to Kwaku Ahene Family of Bortiano, and that the land had not been abandoned as members of that family farm on it. P.W.2, one Daniel Otoo also gave evidence that he shares boundary with the Plaintiff, and it is the area that they share boundary that somebody had made a layout and one plot of his family land had even fallen in the layout.

Since the evidence of the plaintiff and his witnesses has not been controverted, I accept same and enter judgement for the Plaintiff as follows:

a) The Plaintiff’s family, the Nii Kwaku Ahene Family of Bortiano is declared owner of the 11.9 acres of land bounded on the North by the family land of Tetteh Asabi, Ogaatse and Quarcopome on the East by the Gyaator Kwaawor Family land, on the South by Tetteh Awaa Family and Aghani Family land, and on the West by Teacher Otoo Family.

b) An Order of Perpetual Injunction is decreed against the Defendants from further interfering with portions of the land as descried above.

c) The Plaintiff is to recover possession of the land, measuring 1.48 acres i.e. 10 plots of land encroached upon by the Defendants.

d) The Plaintiff is also awarded cost of GH¢4,000.00

Counsel: Mr. Martin L, Kpebu for Plaintiff

(SGD.)MR. JUSTICE S.H. OCRAN

Justice of the High Court