OPANYIN KOFI KUM v. EBUSUAPANYIN MICHAEL MENSAH SUBSTITUTED BY OPANYIN KWEKU ATTA

ARCHER JA:

The Plaintiff (hereinafter called the Appellant), on 30th March 2020, filed a Writ against the Defendant (hereinafter called the Respondent) in the High Court, Cape Coast for:

a. A declaration that the lease agreement dated 11th November 1967 between the Plaintiff and Madoka Industries has expired.

b. An order for the recovery of possession from the defendant, all that piece or parcel of land measuring 3.9 acres lying and situate at Atwima Elmina in the Central Region and more particularly described in the schedule herein.

c. An order of perpetual injunction restraining the Defendant, their agents, assigns, workmen and privies, successors in title or anybody claiming through them from entering the disputed land or further development or doing anything on the land which is likely to affect the nature and character of the land and the quiet enjoyment of the Plaintiff’s family.

d. An order to eject the Defendant from the Plaintiff’s land

e. An order for rent assessment and for the Defendant to pay rent from November 2017 till the date of final vacant vacation of the land.

f. Mesne profit

g. Cost including legal costs

All that piece or parcel of land lying and situate at Atwima Elmina known as Atwima land containing an approximate area of 3.90 acres starting from A on a bearing point of 60.08 and a distance of 290ft thence on a bearing of 178o30’; and a distance 375ft thence on a bearing of 129 o00 and a distance of 220ft to pillar no GCA…. Thence on a bearing of 119 o and a distance of 190ft thence on a bearing 180 o and a distance of 90 o thence on a bearing 243 o15 and a total distance of 590ft to peg 9 and across the road from A to Dwichenum and on bearing of 335 o43 and a distance of 100ft, thence on a bearing of 326 o and a distance of 90ft to point 6, thence on a bearing of 326 o and a distance of 100ft to point 5 and a distance of 80ft thence on a bearing of 52 o and a distance of 120ft, to point 3, thence on a bearing of 29 o and a distance of 170ft containing on a bearing of 290 .00 and a distance of 40ft to Road from A to Juanchemu thence on a bearing 346 o and a distance of 260ft to the point of commencement as foresaid to “A” all bearings and distance measured are approximate and measure both more or less.

**The land referred to herein edge PINK is bounded on the North West by Vendor’s land on the