T.N. WARD-BREW vs MR. ADDY ALIAS T.T & ANOTHER
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE S. H. OCRAN
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff initiated an action against the Defendants over a land dispute at South Ofankor, with claims for possession, ejectment, damages, and an injunction. The Defendants did not respond to court jurisdiction, resulting in Interlocutory Judgment against them. The Plaintiff presented evidence including a title deed and prior injunction. The court ordered the removal of kiosks placed by the 1st Defendant, awarded damages for trespass, and enforced a perpetual restraining order against the Defendants entering the Plaintiff's land. The Plaintiff was not awarded the claim for 500 blocks due to a lack of evidence. Costs were awarded against each Defendant.
BY COURT: On 23rd July 2014, the Plaintiff issued this writ of summons against the defendants and claimed the following reliefs.
a) An order for possession, ejectment and removal of the wooden kiosks and recovery of possession.
b) Replacement of the 500 blocks unlawfully taken away from the site.
c) Payment of the sum of GHc10. 00 per wooden kiosk per day for the 8 wooden kiosk for last six months which comes up to GHc14, 400. 00 d) Damages for trespass, threats and intimidation e) An Order of perpetual Injunction mandatory and prohibitory f) Interest at the prevailing bank rate up to date of payment.
In the statement of claim that accompanied the writ of summons the plaintiff pleaded that he owns a piece or parcel of land in dispute which is located at South Ofankor.
That the 1st Defendant is a tenant in a house which is about 3 plots away from plaintiffs land whereas the 2nd Defendant is also a tenant in the house of the proprietor of perfect peace Hotel.
That the proprietor of Perfect Peace Hotel trespassed unto the Plaintiffs land by taking a strip of the said land measuring 9 feet by 200 feet, and constructed an iron gate which opened into the Plaintiffs land.
The second defendant as the tenant of the proprietor of Perfect Peace Hotel was trying to create a road on and through the plaintiffs land.
The Plaintiff instituted an action against the proprietor of perfect peace Hotel.
The Plaintiff obtained Judgment against the proprietor and an order of Perpertual Injunction was imposed on the land.
The 1st Defendant has brought 8 or more wooden kiosks unto the land and placed tenants in them.
The tenants were asked to move from the land but they said the 1st Defendant put them in occupation.
When this writ was issued, the 1st defendant was served personally but the 2nd defendant was served by substituted service.
The defendants did not submit to the jurisdiction of the court.
Interlocutory Judgment was entered against them on 4th March 2015. The Defendants were served with Entry of Interlocutory Judgment and notice of proof of title; but they still failed and or refused to submit to the Jurisdiction of the Court.
The Plaintiff gave evidence and tendered his title deed; and the Entry of Judgment in the suit against the proprietor of Perfect Peace Hotel; known as Kwadwo Ampadu.
By the Plaintiffs evidence Kwadwo Ampadu encroached on a portion of the Plaintiffs land measuring 9 feet by 10 feet.
The said Kwadwo Ampadu broke the Plaintiffs wall