STEPHEN MENSAH AND MAXWELL KWESI OWUSU v. MICHAEL OBENG ADDO

JUDGMENT

WELBOURNE, J.A

By his Writ of Summons and Statement of Claim filed on the 13th day of February, 2017,

the Plaintiff claimed against the Defendants as follows:

a. A declaration of title to and recovery of possession of the land in dispute situate

lying and being at Yellow House Street, South Ofankor, Accra.

b. A declaration that the Defendants’ Title Deed, Indentures and any other

documents in possession of the Defendants in connection with this land in

dispute, if any, are not genuine.

c. An order cancelling and revoking all documents, Title Deeds, Indentures and

other transactions on the said land which have been made in favour of the

Defendants, their agents, heirs, successors and assigns.

d. Ejectment of the Defendants, their agents, assigns, heirs and executors from the

land in dispute.

e. Demolition of any structure or structures built on the said land in dispute by the

Defendants, their agents, assigns heirs and executors.

f. Perpetual injunction restraining the Defendants, their agents, assigns heirs and

executors from interfering with the quite enjoyment of the land in dispute by the

Plaintiff.

g. Damages for trespass.

h. Costs.

The case of the Plaintiff as stated in his Statement of Claim is that he acquired a plot of

land from Nii Amarkai III, Dzasetse and acting Asere Mantse with the consent

concurrence of the principal elders of the said Asere Stool in 1992. The Indenture on the

land was however given to him on the 12th day of October, 2005. Plaintiff describes the

land as situate, lying and being at South Ofankor, Accra, and covering an approximate

area of 0.16 acre more or less and bounded on the North by a proposed road measuring

70 feet or more, on the East bounded by Lessor’s land 100 feet more or less and on the

West measuring 100 feet more or less by Lessor’s land and given to him to hold for a

period of 99 years commencing from the 12th day of October, 2005.

Plaintiff states that after acquiring the land, he went into possession and occupation by

building a foundation of three bedrooms on the land but the said foundation was

destroyed three (3) times by the 1st Defendant on 4th February, 2005, 23rd October, 2005

and 31st October, 2013 and also stole or destroyed one (1) trip of chippings, three

thousand (3,000) cements blocks and one (1) trip of sand which Plaintiff had put on the

land. 1st Defendant then claimed ownership of the land and put the 2nd Defendant on

the land by constructing a si