On 4th April 2012, the Plaintiff per his lawful attorney issued out of the registry of this court, a writ of summons against the defendants and claimed some reliefs.
After the defendants had been served, they entered appearance, filed a defence and counter-claimed.
Various amendments were made and the plaintiff settled on the following reliefs.
a) Declaration of title to all that land described as land situate, lying and being at Prampram and bounded on the south-east by the Tema-Ho Road measuring 10, 717. 7 feet more or less on the south-west by Lessor’s property measuring 9, 725. 1 feet more or less on the north-west by Lessor’s property measuring 551. 6 feet more or less, on the north-east by Lessor’s property measuring 3, 058. 9 feet more or less and containing an approximate area of 1, 112. 09 acres or 450. 06 hectares more or less.
b) Declaration that the land covered by Schedule III above belongs to the plaintiff’s family as part of the generality of the plaintiff’s family land and that the Defendants are trespassers onto the plaintiff’s family land.
c) Recovery of possession of the land described under Schedule III herein.
d) Damages for trespass.
e) Perpetual Injunction restraining the Defendants, their assigns, servants, agents and all person(s) claiming any interest through the Defendants.
f) Costs including solicitors’ fees.
The Plaintiff described himself in the writ of summons and the statement of claim as head of Ayiku Gberbie family, suing per his lawful attorney Joseph Moses Nee Tetteh, house no. PR/NJ 236, Afienya-Accra.
In paragraph 1 of the statement of claim, the plaintiff pleaded that he is a Ghanaian and the family head of the Ayiku Gerbie family of Prampram.
To this pleading, the Defendants filed defence and counter-claim.
Paragraphs 1 and 2 of the amended statement of defence and counter-claim are as follows: 1) Save as hereinafter expressly admitted, the Defendants deny each and every averments of fact stated in the plaintiff's amended statement of claim as if same is set out in extenso and denied seriatim.
- The defendants deny paragraph 1 of the Amended statement of claim and the Plaintiff is not the Head of the Ayiku Gberbie family of Prampram.
Each of the Defendants filed a counter-claim as follows: 1st Defendants Counter-Claim a) One thousand and four hundred and forty Ghana cedis (GH₵1, 440. 00) being damages for the destruction of two acres of maize farm belonging to the 1st Defendant by members of the family
