YAW BOAKYE VS EDWARD OSEI BOAKYE TRUST FUND

I. BACKGROUND PLAINTIFF’S CASE 1. The Plaintiff instituted an action against the Defendant, a Trust Fund, by a Writ of Summons and Statement of Claim filed on 26th October 2022. 2. It was the case of the Plaintiff that before his death, his father hereafter referred to as the “Testator” acquired a leasehold interest in parcels of land known as plots number 2, 3, 6, 7, 8 and 16, all of which are situate at Airport Commercial Centre in Accra.

The Plaintiff stated that the Testator’s interest in these parcels of land is evidenced by a lease agreement dated 24th October 1974 and is for a period of 50 years certain, from 1st November 1974 and up to the year 2024. 3. It was the further case of the Plaintiff that before his death, his father sold his interest in plots number 2 and 3 to him except that the Testator could not execute the necessary instruments required to transfer his interest in plots number 2 and 3 to him before he passed on.

4. The Plaintiff stated that in his Will, the Testator directed the Defendant Trust Fund to be set up and stated that any properties not specifically mentioned in the will was to be given to the Defendant Trust Fund.

5. The Plaintiff maintained that although plots number 2 and 3, hereafter also referred to as “the subject land” were not specifically mentioned in the Testator’s will, they had already been sold to him and are therefore not part of the residue of the Testator’s estate to be taken over by the Defendant.

6. The Plaintiff stated that he has recently noticed that the Defendant has entered plots number 2 and 3, cleared the said parcels of land with an intention to develop same.

7. By his action, the Plaintiff sought a declaration that he “purchased the Testator’s interest in plots numbers 2 and 3”, the subject land, described as situate at Airport Commercial Centre, Accra.

8. Acknowledging the Defendant’s possession of the subject land, the Plaintiff by his action also sought an order for recovery of possession of the subject land from the Defendant and an order of “perpetual injunction restraining the defendants, their agents, servants, assigns and all persons claiming any interest whatsoever in the said lands through the Defendant from remaining on, re-entering, developing, or in any manner dealing with and/ or interfering with the Plaintiff’s rights to the said lands. ” (Emphasis added)DEFENDANT’S CASE 9. In a Statement of Defence filed on 17th November 2022, the Defendant noted and stated that although