THE BOARD OF GOVERNORS O”REILLY SENIOR HIGH SCHOOL vs RAZZOUK KRIAKS & ANOR

The Plaintiff per its writ of summons seeks the following reliefs

*“1. Adeclaration of title to all that piece or parcel of land containing an approximate area of 24.45 acres (9.896 hectares) known as Site for O’Reilly senior High School lying, situate and being at Okpoi Gonno in the Ledzokuku District of the Greater Accra Region of the Republic of Ghana measuring on the North a total distance of 764 feet more or less, on the East a total distance of 1,576 feet, more or less, on the South a total distance of 555 feet, more or less and on the West a total distance of 1,636 feet, more or less.

1. An order for the recovery of possession from the defendants of any parts of the O’Reilly school land encroached upon by the Defendants.

2. An order of perpetual injunction to restrain the Defendants, their agents, servants, assigns, workmen and anyone claiming through them from carrying out any activity, however described, on the land herein.

3. An order for the demolition of any development undertaken by the Defendants on the land herein.

4. Damages against the Defendants for trespass unto O’Reilly school land.”

The said claims are based on the following allegations as pleaded in its statement of claim. The Government of Ghana on 15th November 2012, , by an Executive Instrument known as State Lands (Accra- Okpoi Gonno Site for O’Reilly Senior High School) Instrument, 2012, E.I 18, acquired the disputed land measuring 24.45 acres for the O’Reilly Senior High School for use as its campus. After the acquisition the Plaintiff went into possession on or about the 3rd of December 2012 and developed buildings on same which were used as classrooms and offices. Sometime in August 2020 the Defendants trespassed unto portions of the land. According to the Plaintiff the encroachment has the tendency to disrupt academic work at the school. When all attempts to stop the trespass failed the present action was instituted to protect the school land, hence the reliefs listed supra.

THE DEFENDANTS CASE

The Defendants in their defence alleged that, they legally purchased the disputed land from one Daniel Boateng who before the purchase had a Land Title Certificate over same. When they enquired before the purchase, they were informed that there was a subsisting interest in the land which had been transferred to their grantor. This fact was confirmed when a search was conducted at the Lands Commission. According to the Defendants their grantor’s interest has be