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JUDGMENT
The Plaintiff on the 16th day of June, 2023 caused a Writ of Summons to be
issued against the Defendants herein and claimed for the following reliefs:
a) Declaration to title to ALL THAT piece or parcel of land situate lying
and being at Gyahadze in the Effutu Municipality of the Central
region of Ghana the boundaries whereof commencing from a survey
pillar SGC KCE3/01/2 on a bearing of 223o3’16’’ measuring 177130.53’
feet more or less to SGC H894/15/1 on a bearing of 256o8’26’’
measuring 1051.63 feet more or less to point SGC H894/15/2 on a
bearing of 349o49’47’’ measuring 857.79’ feet more or less to point
H894/15/3 on a bearing of 75o52’11’’ measuring 1053.63’ feet more or
less to point SGC H894/15/4 on a bearing of 169o55’13’’ measuring
862.88’feet more or less. Thence closing at pillar marked SGC
H894/15/1 thus enclosing an area of 20.75 acres (8.40 hectares)be the
same several dimensions little or more or less of which the land in
dispute forms part.
b) Recovery of possessions of the portions of trespassed by the
Defendants, within the land described in relief(a) above and an of
perpetual injunction restraining the Defendants whether by their
agents, assigns, hirelings, privies and/or any other person claiming
under or through them and whosoever described from creating any
third party rights and/or any other third party rights and/or interest in
the land described in a above by way of sale, collateral, security,
mortgage , novation, sub-lease in any manner whatsoever.
c) General damage for trespass and cost incidental to the suit
It is the case of the Plaintiff that he is a lawyer and lives in Winneba and that the
Defendants are trespassers to the Plaintiff’s land. The Plaintiff avers that
sometime in 2006,in consideration to the chieftaincy dispute handled by the
Plaintiff as a lawyer for the Gyahadze stool , the Gyahadze stool represented by
the Chief of Gyahaadze, Nana Heittey III granted an approximately 20 acre of
land to the Plaintiff and that the transaction was covered by documents.
The Plaintiff then described his land thus;
ALL THAT Piece of parcel of land situate lying and being at Gyahadze in the
Effutu municipality in the Central region of Ghana the boundaries commencing
from a survey pillar SGC KCE3/01/2 on a bearing of 223o3’16’’ measuring
77130.53’ feet more or less to SGC H894/15/1 on a bearing of 256o 8’26’’
measuring 1051.93’ feet more or less to point SGC H894/15/2 on a bearing of
349o49.47’’ me