The plaintiffs’ per their writ of summons filed on 9/3/15 claim against the defendants for the following reliefs:
(a) Declaration of title to all that parcel of land situate, being and lying at Kokomlemle, Accra in the Greater Accra Region of Republic of Ghana and containing an approximate area of 0.65 Acres or and bounded on the North-East by a lane measuring a distance of 72 feet more or less on the South-West by the property of D. A. Tetteh measuring 72 feet more or less or the South-East by property of Akuyea Addy measuring 100 feet more or less and on the North-East by a property of Korkor Saryea measuring 100 feet more or less.
(b) An order to recall and for cancellation of the Land Title Commission No. G. A. 0773 issued to the Defendants family on the grounds of fraud.
(c) Perpetual injunction restraining the Defendants, their agents and all those claiming through them from entering, dealing with or interfering with the parcel of land, property of the late Nii Ayitey, Adjin (Deceased) as contain in Indenture dated 10/6/1960 and registered as No. 352/1962.
(d) General damages for trespass and damages caused to the properties of the Plaintiffs.
(e) Recovery of possession of the disputed land.
The 1st and 2nd plaintiffs claim to be the surviving children and beneficiaries of the estate of their deceased father. Their father acquired the disputed parcel of land during his life time. After the grant of Letters of Administration the disputed land was vested in the 1st and 2nd plaintiffs and their siblings. The disputed land was leased to the 3rd plaintiff and others who had been operating on the land for over 46 years now. They have several vehicles parked on the land. The defendants entered the land broke down the fence wall, pulled out of the yard the parked vehicles under repairs causing serious damage to most of them. The defendants also fraudulently obtained Land Title Certificate. It is the contention of the plaintiffs that the Land Title Certificate was procured by means of fraud and mistake. They provided particulars of the mistake and the fraud alleged. The plaintiffs also alleged that their indenture constitutes an estoppel by deed against the defendants insofar as the defendants claim to be members of the Okaikor Churu family. Their documents also constitute statutory notice of plaintiffs’ title and interest in the land.
By their statement of defence filed on 23rd April 2015, the defendants denied each and every material allegation of fa
