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JUDGMENT
JUDGMENT
Plaintiff per his writ of summons claims against the Defendants jointly and severally as
follows;
“a. Declaration of tile and recovery of possession of all those unregistered (8) building plots
situate at Dodosuo off Dodosuo-Sebreni road bounded by the properties of; Ayiti Kofi (left)
Kwadwo Gyan (left), Atta Boawunuah (Right), Kwame Panyin (Right) and the front side
facing Dodosuo-Sebreni Road which was acquired on 14th February, 2002 by 1st Plaintiff
from the 2nd Plaintiff which are the bona-fide property of 2nd Plaintiff.
a. An Order for perpetual injunction restraining the Defendants, their agents, assigns, heirs,
labourer, workmen and all those claiming through them from interfering with Plaintiff’s
activities on the building plots.
b. Cost to cater for Plaintiffs’ expenses.”
It is worthy of note to mention that this case started before my predecessor H/W Hans
Kpogo. I took over as a matter of procedure by adopting proceedings in the case and
continued with the case. It is also necessary to state that initially Plaintiff sued together
with one other person by name Nana Mensah Ababio as 2nd Plaintiff. However, in the
course of the proceedings, before parties could file their respective witness statements,
the 2nd Plaintiff passed on. Upon his demise, he was not substituted. Consequently, 2nd
Plaintiff’s name was struck out from the suit. Thereafter, the 4th Defendant, Dodosuo
Stool also applied to join the suit. The application for joinder was granted and
consequently, the stool was added to the suit as 4th Defendant. The parties attempted
settlement out of court but same failed. The court had no choice than to hear the matter
to its logical conclusion.
CASE OF PLAINTIFF
The Plaintiff is a farmer and resides at Dodosuo. The 1st Defendant is a religious
institution, the 2nd Defendant is the Queen mother of Dodosuo Traditional area, the 3rd
Defendant is a beer bar operator and they all reside at Dodosuo in the Jaman South
Municipality. The 4th Defendant is the Dodosuo Stool. The case of the Plaintiff as per his
statement of claim is that his attention was drawn to the fact that the 1st Defendant church
has commenced an action against the 2nd & 3rd Defendants herein claiming ownership of
four (4) out of his eight building plots acquired from one Nana Mensah Ababio who is
deceased in the suit intituled, Redemption Assemblies of God per the Catechist Atta
Gyau etc vrs, Nana Fordjour and Amankwaa Faustina. Plaintiff a