SETH KOFI NYAMADI v. HENRY KWESI KORLETEY & LAND TITLE REGISTRY

JUDGMENT

The Plaintiff commenced this action on 7th March 2013 seeking the following reliefs on the endorsement on his writ of summons:

A Declaration of title to all that piece or parcel of land situate, lying and being at Dodowa in Dangme West District of the Greater Accra Region, containing an approximate area of 1.44 Acres or 0.58 hectare more or less and bounded by the North East by Daniel Tetteh Zorh’s land measuring 153.0 feet more or less on the South West by Accra-Somanya Road, measuring 146.6 feet more or less and on the North-West by Okunko, Tetteh Opersah and Odumaney’s land measuring 431.5 feet more or less which piece or parcel of land is more particularly delineated on a site plan.

Recovery of possession of the aforesaid land.

Perpetual injunction to restrain the first Defendant, his servants, workers, agents, privies or any of them however called from trespassing on his land, the subject matter of this suit.

An order directed at the second Defendant to cease the processing and issue of a land title certificate to the first Defendant.

Damages for trespass.

Costs inclusive solicitor’s fees and cost of litigation.

Any other order (s) as this honourable court may deem fit.

On 11th April 2013, the second Defendant entered an appearance, while the first Defendant followed up with his on 23rd April, 2013. The latter proceeded to file a defence on 2nd July 2013. The Plaintiff filed a reply to the defence of the first Defendant.

The Plaintiff raised the following issues in his application for direction:

Whether or not the Plaintiff is an Accountant?

Whether or not the Plaintiff obtained an indenture to the land in dispute?

Whether or not the Plaintiff conducted a search on the land in dispute prior to its acquisition?

Whether or not there had been a previous litigation before any Court on this same subject matter?

Whether or not the second Defendant has responded to the concerns raised by the Plaintiff prior to this suit?

Whether or not the Plaintiff is entitled to his claims.

The first Defendant also filed the additional issues beneath:

Whether or not Plaintiff acquired any interest in the land in dispute from his grantor?

Whether or not the Plaintiff’s claim is statute barred?

Any other relevant issues arising from the pleadings?

The Court adopted all the issues above on 14th January 2015 as the issues for determination in the matter. After the applications for directions, the parties were directed to file their witness stateme