YUSSUF ARIORI VS THE ACCRA METROPOLITAN ASSEMBLY & ANOR

The original plaintiff, on the 31st of August, 2017, sued the defendants for the following reliefs: -

1)Declaration of title to that piece or parcel of land of house number D781/4 at Okaishie, Accra.

1. An order directed at the defendants to refix the two metal gates and return the two hundred cement blocks or in the alternative pay the replacement value GH¢4, 500. 00. 3)Declaration that the defendants violated his right to quiet enjoyment of private property, house no. D781/4 at Okaishie, Accra.

4)Declaration that the defendants violated his rights to privacy.

5)General damages and recovery of property 6)Perpetual injunction 7) Costs including solicitor’s fees.

Later on, the original plaintiff died and was substituted by his sister, the present plaintiff.

The 1st and 2nd defendants denied liability for the claims of the plaintiff.

The 3rd defendant, after entering appearance, did not bother to file his statement of defence.

On the 8th of February, 2018, upon an application brought by the plaintiff, the court entered interlocutory judgment against the 3rd defendant, pending the determination of the suit in respect of the 1st and 2nd defendants.

At the close of pleadings the following issues were set down for determination: -1)Whether or not the plaintiffs’ family is the owner of House Number D781/4? 2)Whether or not 1st and 2nd defendants caused damage to the plaintiffs’ family property? 3)Whether or not 1st and 2nd defendants took 200 pieces of cement blocks belonging to the plaintiff? 4)Whether or not 1st and 2nd defendants violated the plaintiffs’ right to quiet enjoyment of the said property? 5)Whether or not the defendants have trespassed onto the plaintiff’s property? 6)Whether or not the two metal gates of plaintiffs ’property interfered with the community’s right of space? 7)Whether or not the 1st and 2nd defendants removed the metal gates to give the general public and emergency services access to use road? 8)Whether or not the 1st and 2nd defendants have the authority to abate, alter and demolish such unathorised developments? 9)Whether or not the 1st and 2nd defendants acted in accordance with the Local Government Act, 2016(Act 936. 10) Whether or not the plaintiff has to pay for the cost of removing two gates? 11) Any other issues raised by the pleadings.

After the setting down of the issues for determination, the parties were ordered to file their witness statements and any documents to rely on during trial but it was only the plaint