STELLA MARBEL VS SOLOMON KOBIA

On 22nd May 2014, the Plaintiff issued out this writ of Summons against the Defendant and claimed the following reliefs, which have been quoted verbatim.

a) Declaration of Title to all that piece or parcel of land described in schedule to statement of claim

b) Damages for trespass

c) Recovery of Possession of land and order that any offending structures placed on said land by defendant be removed at cost of defendant.

d) Perpetual Injunction restraining the defendant, his agents, assigns, and workmen from dealing with the land in anyway detrimental to plaintiffs interest.

In the statement of claim that accompanied the Writ of Summons

The plaintiff pleaded that she acquired the land described in the schedule from the Sempe Mensah Family of Ablekuma in 1987, but was issued with an indenture in 2002 and is about to secure Land Title Certificate at the time that she filed the writ in May 2014. The

defendant however entered the land and made a structure on it. That she went unto the land with a photographer to take photograph of the structure being constructed on the land, but she and the photographer were mercilessly beaten up by the defendant and his agents and smashed the camera. That the defendant used the sand and stones that the plaintiff had deposited on the land. The pleading stated further that in 2003 the plaintiff instituted action against the Defendant in the Circuit Court but the Docket got lost, and the Plaintiff discontinued that suit and filed this writ.

The Plaintiff pleaded further that one Adeline Bulley also trespassed unto the adjoining plot of the plaintiff and the said Adeline Bulley sued the Plaintiff in the Circuit Court and the Plaintiff was victorious in that suit.

When the Defendant was served with the writ of summons, he entered appearance and filed defence.

In the Defendants defence it was pleaded that the Defendant had the land from one Evelyn Ansrodja of Accra, who also got the land from the Nii Sempe Mensah Family of Ablekuma, Accra.

That the land was vacant and undeveloped when the defendant acquired it in 2003. That he the defendant has developed it and been operating a hotel there since 2003. To this defence the plaintiff filed a reply and pleaded that she had coner pillars and building materials on the land, and this should have warned the defendant off her land.

On 3rd December 2014, the Judge who sat on the case put down only one issue for trial as follows:

Whether or not the plaintiff is entitled to her claim