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JUDGMENT
JUDGMENT
1. This is judgment relates to land.
2. The parties herein described themselves as businessmen. Both are neighbours and
ordinarily resident in Savelugu.
3. On 24th October, 2022 plaintiff instituted this action against the defendant for the
following:
“a. Declaration that plaintiff is the owner of plot nos. 18 and 19, section A “C”
Kanborton Planning Scheme bounded by plots nos. 15, 16, 17 and 20 and
the main Tamale-Bolga Road.
b. An order of mandatory injunction on the defendant to pull down the
structure he has erected on portions of plaintiff’s aforesaid plots and to
close down the access road he has created through plaintiff’s aforesaid on
plaintiff’s aforesaid plots without plaintiff’s knowledge and consent.
c. An order of perpetual injunction restraining the defendant, his agents,
servants, assigns or persons claiming through them from interfering in
whatever manner with the plaintiff’s possession, ownership and use of his
plot as described herein above.
d. Recovery of possession.
e. Damages against the defendant for trespassing to the land.
f. Costs.”
4. The defendant filed a Defence on 25th November, 2022 disputing plaintiff’s claim. On
13th December, 2022 the defendant filed a counterclaim for the following:
“a. An order for the plaintiff to cover whatever foundation he has dug on the
defendant’s land and return it to the state in which it was before the
trespass.
b. An order of perpetual injunction restraining the plaintiff, his agents,
assigns, workmen, customary successors, privies and any persons claiming
through him from interfering with the defendant’s possession, occupation
and use of the disputed land.
c. Damages for trespass.
d. Costs.”
5. Plaintiff on 14th December, 2022 also filed a Defence to the defendant’s counterclaim
disputing the assertions of the defendant.
6. Parties filed survey instructions to which this court ordered for a survey report to be
filed.
7. The case of either party is detailed below.
PLAINTIFF’S CASE
8. Plaintiff’s case is that he acquired the disputed plots sometime in 2021 from one
Alhaji-Karim Iddrisu. He explained that the disputed plots are bounded by plots nos.
15,16, 17 and 20 and the main Tamale-Bolga road, to which the defendant owns plot
no. 17. According to him, the defendant has encroached his plot no. 18 which they
share a common boundary. Plaintiff added that when he proceeded to protect his
boundary by erecting a fence wall, the defendant ca