NUNGUA STOOL VS ADJOA ASAFO ADJEI

This case involves a land dispute between the Nungua Stool (Plaintiff) and an unnamed Defendant over a 1.2-acre piece of land in Adjiringanor. The Plaintiff, represented by Nii Borketey Kwao Ankrah I, claimed ownership of the land. The Defendant was found working on the disputed land and was summoned before the Nungua chief but failed to settle the matter, leading to the court case. The Defendant was served with a Writ of Summons and Statement of Claim but failed to file a Statement of Defence. The Plaintiff obtained an Interlocutory Judgment in default of defence. The case was then adjourned for the Plaintiff to provide evidence of their claim to title. Despite being served with a hearing notice, the Defendant failed to attend court to contest the claim. The Plaintiff's representative provided evidence of Nungua Stool's historical claim to the land and presented judgments from courts of competent jurisdiction supporting their ownership of Adjiringanor lands. In the absence of any contrary evidence, the court accepted the Plaintiff's evidence as sufficient. The court ruled in favor of the Plaintiff, declaring the Nungua Stool as the owner of the disputed land. The court ordered recovery of possession in favor of the Plaintiff, the demolition of any structures put up by the Defendant on the land, and issued a perpetual injunction against the Defendant from interfering with the land. The Plaintiff was also awarded costs of GH₵2,000.00 against the Defendant. This case highlights important legal principles regarding default judgments, the necessity of providing evidence in title declaration cases even after default judgment, and the court's ability to proceed with hearings in the absence of a defendant when proper notice has been given.