OSEI OFOSU NICHOLAS v. BABA ALHAJI GAZALI

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