SYLVESTER NENE NOAH vs METHODIST CHURCH OF GHANA & ANOTHER

Plaintiff’s Case By an amended writ of summons issued on 15th November 2017, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land situate and lying and being at Kpehe West, Accra and bounded on the North by vendor’s land measuring 120 feet more or less, on the South by vendor’s land measuring 120 feet more or less, on the West by vendor’s land measuring 70 feet more or less and on the East by vendor’s land measuring 70 feet more or less.

Recovery of possession of the aforementioned land.

Order for demolition of defendant’s fence wall.

General damages for trespass.

v. Perpetual injunction restraining the defendants, their agents, assigns, workmen etc.

from developing the land or having anything to do with the land until the final determination of the suit.

The plaintiff asserts that he bought the land in dispute from one Stephen Emmanuel Boye Cobblah in the year 2011 for an amount of GH¢40, 000. 00. He made part payment of GH¢30, 000. 00 but his vendor could not make a formal transfer of the land to him before he passed away on 31st March 2011. After the death of his vendor, he approached the administrators of his estate who demanded the remainder of the purchase price, which he duly paid, and they formally transferred the land to him by executing a Vesting Assent in his favour.

The plaintiff states that he has commenced the registration of the Vesting Assent.

It is the plaintiff’s case that before he purchased the land, his vendor showed him series of correspondences between him and the Lands Commission as well as a search report all of which pointed to the fact that the late Stephen Emmanuel Boye owned the land in dispute and that the land was not encumbered in any way.

He further asserts that his physical checks on the land revealed the presence of some mechanics and carpenters on the land who were put there by his grantor Stephen Emmanuel Boye.

Based upon this conviction, he bought the land from the late Stephen Emmanuel Boye.

The plaintiff asserts that, after he purchased the land, he allowed the mechanics and the carpenters to ply their trade on the land until he was ready to develop it.

He however had to travel to the Northern Region of Ghana to undertake some business and upon his return, he realized that the 1st defendant had encroached on the land, walled it and was developing it.

He contacted his lawyers to write to the 1st defendant to desist from its activit