EVANS KOFI ARTHUR
V.
MR. ADDO

(2013) JELR 69598 (HC)    
High Court  ·  SUIT NO: IRL/537/09 ·  30 May 2013 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU
Core Terms Beta
plots of land
plaintiffs of their quiet enjoyment of their land
land title registry
said nii tackie
court’s order
nii tackie
claim of the plaintiff
valid grant of land
plaintiff’s case
declaration of title
late chief of aplaku
given case
police headquarters
defendant
similar grant of land
plaintiff
copies of the said documents
alleged grantor tackie
following issues
favour of the defendant
court action
brother of the wulomo of aplaku
sufficient evidence
site plan
material witness
statement of claim
instant case
evidence shows
supreme court
police station
alleged grantor of the plaintiffs
said arbitration
dispute forms part
standard of proof
disputed land
evidence
plaintiffs’ claim
case of adwubeng v domfeh
said tackie
then chief of aplaku nii okoso
nii kojo ababio
following reliefs
rightful owner
instant action
civil actions
ownership of the disputed land
wulomo
various acts of trespass
perpetual injunction
contending parties

JUDGMENT

The Plaintiff commenced the instant action by filing writ of summons and a statement of claim against the Defendant on 4th September, 2009 for the following reliefs:

i. A declaration of title of the two plots of land lying, and situate at Aplaku, measuring 70’ by 200’ and described as parcel 13 of Section 260 Block 39, Aplaku, Greater Accra at the land Title Registry.

ii. General damages for various acts of trespass.

iii. Perpetual injunction to restrain the Defendant from disturbing the Plaintiffs of their quiet enjoyment of their land.

The Defendant entered conditional appearance on 15th September, 2009. He, however, went on to file his statement of defence and counterclaim on the same day denying the claim of the Plaintiff.

Pursuant to this court’s order granted on 19th March, 2012, the Plaintiff filed an amended statement of claim on 26th March, 2012. The Defendant then filed an amended statement of defence on 23rd April, 2012.

At close of pleadings the following issues were set…

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