COMFORT OFORIWAAH
V.
NANA FE BAMOAH

(2016) JELR 65316 (HC)    
High Court  ·  SUIT NO.TBFS/02/15 ·  18 Jul 2016 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
defendant
disputed land
asokwa stool
exhibit a
building permit
cross-examination
civil suits
nana kwasi mensah
parcel of land
temporary structure
cogent evidence
burden of proof
disputed plot
evidence act
evidence of dw6
high court
records of the lands commission
respect of the disputed land
statement of claim
totality of the evidence
absence of title documents
block b asokwa
bona fide owner of a piece
declaration of title
evidence of dw1
features of cadastral plans
grant of the disputed land
instruction of the odikro of asokwa
land suit
late nana akwasi mensah
legal year
nana akwasi mensah
order of the court
parcel of building plot
permanent structures
plot no.
portions of plaintiff
said amount
said property
state of suspicion
subsequent demolition of a part of the building
such burden
total cost of the plaintiff
use of a vacant plot of land
use of part of the land

JUDGMENT

This land suit commenced on 01/03/2011 at the High Court (General jurisdiction), Kumasi but was transferred to this court under the hand of the Honourable Chief Justice sometime in the 2015 legal year. The initial writ of summons filed on 01/03/2011 was for an order for payment of the sum of GH¢100,000.00 being the total cost of the plaintiff's sandcrete building situate on plot No. 85 Asokwa and which was allegedly unlawfully demolished by the defendant herein. The Plaintiff also sought to recover interest on the said amount.

On 16/6/15, the plaintiff filed an amended writ of summons and statement of claim and added three reliefs, namely:

· A declaration of title and recovery of possession of all that piece and parcel of building plot originally known as Plot 85 Block B Asokwa - Kumasi which was sold to the plaintiff by the defendant's predecessor in the year 1990 which defendant has trespassed on same and demolished portions of plaintiff's building on same.

· An order of perpet…

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