SAMPSON KWAME KPODO VS ALHAJI ISSAKA JAMATUTU & ANOR

Plaintiff sued defendant for a) Declaration of title to all that land described as situate, lying and being at Alajo, Accra and bounded at the North East by a land measuring 105. 00 feet more or less on the South East by a land measuring 145. 00 feet more or less on the South West by a proposed road measuring 100. 00 feet more or less on the North-West by a land measuring 160. 00 feet more or less and containing approximate area of 0. 355 acres or 0. 144 hectors more or less and b) an order of the court directive on the Land’s is Commission to expunge from Its records the existing recorded plotting in the name of the 1st defendant and instead plot the plaintiff interest in its records.

On or about 1st March, 2016, plaintiff applied for and obtained an interlocutory judgement in the default of defendant against the defendant and since plaintiff support a …, the case adjourned for him to adduce evidence for the purposes of establishing his title on the strength of his own evidence and case.

The defendant have been offered an opportunity to contest the case of the plaintiff as hearing notice was served by they failed to avail themselves of the opportunity extended them.

Plaintiff had adduced evidence to the effect that he acquired the land from Korle Priest, Gbese Mantse and Ga Mantse and when he took steps to register the interest he acquired with 2nd Defendant, he discovered that the land had already been registered in the name of the Navy Commander Blekper.

According to Plaintiff, he learned that Blepker had surrendered the land to his grantors as a road run through the land and Blekper had rejected the land.

Accordingly Blekper did a deed of surrender evidencing the giving up of the land to the original owners.

Nevertheless, it was further discussed that the land been plotted in the name of the 1st defendant.

Upon learning this fact, Blekper refused ever granting the land to the 1st defendant and made a statutory declaration to that effect.

The grantors and plaintiff have also made a similar statutory declaration to the effect that they have not granted the land to the 1st defendant.

Plaintiff testified further that the 2nd defendant told him that they do not have the power to delete the names they have registered on their own unless ordered by a Court of competent jurisdiction, hence the institution of the suit.

All these pieces of evidence stand unchallenged, and I have no basis to impugn the credibility thereof.

Accordingly, I enter final ju