FKA CO LTD
V.
DAVID OFOSU

(2017) JELR 107983 (HC)    
High Court  ·  SUIT NO SOL/36/14 ·  16 Mar 2017 ·  Ghana
CORAM
REBECCA N.S. SITTIE, J
Core Terms Beta
defendant
plaintiff
court
land
evidence
plots of land
case
charles prempeh
exhibit d
declaration of title
evidence act
main road
balance of probabilities
case management conference
defendant’s case
exhibit a
main kasoa road
new site plan
plaintiff’s land
site plan
strength of his own case
sufficient evidence
acre land
activities of defendant
a. declaration
b. recovery of possession of any part
case management
civil actions
civil case
court’s time-table
defendant fails
documentary evidence
following issues
following reliefs
further order
land title registration act
new indenture
order of court
perpetual injunction
plaintiff’s interests
plaintiff’s land amount
proof of his claim
real estate developer
said charles prempeh
support of his claim
witness statements

JUDGMENT  

By his amended Writ of Summons pursuant to an Order of Court dated 25th August 2014, the Plaintiff sued the Defendant and claimed the following reliefs: 

A. Declaration that the activities of Defendant on Plaintiff’s land amount to  trespass. 

B. Recovery of possession of any part of Plaintiff’s land trespassed by  Defendant and further order to demolish offending structure on the land  at cost to the Defendant. 

C. Perpetual injunction restraining the Defendant, his agents, assigns, and  workmen from dealing with the land, subject matter of this suit in any  manner inconsistent with Plaintiff’s interests. 

D. General damages for trespass. 


BRIEF FACTS 

Plaintiff, who is a Real Estate developer avers that he sold two plots of land from  his 95.194 acre land at Weija to Defendant and executed a deed in his favour.  Plaintiff said the land measures 140 feet by 100 feet, covering an area of 0.32  acre, lying near the Kasoa main road. 

Plaintiff avers that Defendant sold his two pl…

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