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JUDGMENT
JUDGMENT
This judgment originates from a writ of summons issued by the plaintiff as
required under the District Court Rules, 2009, C.I 59 Order 2 rule 3(6) against
the defendants for the following reliefs:
1. Declaration of title of ownership of all that piece or parcel of land situate, lying
and being at a place known and called Gyamonome and bounded as follows:
a. On the West by the late Opanyin Yaw Ayeh of Asato.
b. On the North by the late Opanyin Kwadzo Okata of Asato
c. On the East by the late Opanyin Buruh of Goviefe and Opanyin Kwasi
Owusu of Asato.
d. On the South by Kwakutor Korda, Maame Esi and Opanyin Kwasi Owusu.
2. Recovery of an amount of two hundred Ghana Cedis (GH₵200.00) being cost of a
jar of akpeteshie the second defendant hijacked and cash the amount of fourteen
thousand Ghana Cedis (GH₵14,000.00) being assorted fourteen (14) lumber trees
he (second defendant) defiantly harvested from the said land recently, which
one/each cost one thousand Ghana Cedis (GH₵1000.00).
3. Perpetual injunction restraining the defendants, their agents or servants from
further entering the said land.
4. Reasonable compensatory damages for waste of time, energy and resources and
cost.
5. Any other issues borne by the pleadings.
SUMMARY OF SUBJECT MATTER OF CLAIM
Plaintiff is a civil servant living at Kadjebi. The defendants are also trader and
businessmen living in Accra and Asato respectively. Plaintiff says during the lifetime of
his father Nana Aduam II, he owned a piece or parcel of land at Asato- Gyamonome as
described supra, which he also inherited from his father, the late Opanyin Yaw
Osuoabrobour. Plaintiff says his late father (Nana Aduam II) was in peaceful possession
of the said land until his demise in the year 1984. Plaintiff is the administrator of Nana
Aduam II’s estate. Plaintiff says in December, 2015, he (plaintiff) noticed that the
defendants had allegedly sold out his (plaintiff’s) father’s land as described in the reliefs
supra. So, he quickly drove away the vendee/ purchaser from the land and maintained
possession thereon. Plaintiff states that in December, 2016, the second defendant hijacked
one jar of akpeteshie from the plaintiff’s son between Gyamonome and Asato which
when he reported the conduct of the second defendant to Kadjebi Police, he (plaintiff)
was advised to settle the issue before one Abusuapanyin Lucas Kankam at Asato, as second defendant claimed to have earlier lodged a complaint on