F.K.A COMPANY LTD
V.
MR OWUSU ANSAH

(2015) JELR 107975 (HC)    
High Court  ·  SUIT NO. SOL 73/2015 ·  27 Nov 2015 ·  Ghana
CORAM
HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Core Terms Beta
plaintiff
defendants
land
evidence
party
title
perpetual injunction
credible evidence
exhibit b
law
plaintiff’s land
statement of claim
above named defendants
addition
barbara tetteh-charway
basic principle of the law
case of adwubeng v
civil case
company ltd
documentary evidence
evidence act
expense of the defendants
general damages of ghc10.000
managing director
managing director of the plaintiff company
material witnesses
nature of the duty
ownership of the entire parcel of land
parcel of land
party’s claims
portion of its land
present action
proof of service of the hearing notice
real evidence
remaining portion
required evidence of the facts
requirement of law
said transaction
subject matter of the dispute
sufficient evidence
support of his claim
testimonies of the party
trite law
valid transfer of an interest

JUDGMENT 

The plaintiff, F.K.A Company Ltd, sued the above named defendants for recovery  of possession of any portion of the plaintiff’s land upon which they had trespassed  and an order for the removal of any structures placed on plaintiff’s land at the expense of the defendants. Additionally, it sought for damages for trespass and  perpetual injunction to restrain the defendants and their agents from dealing in any  manner with the land, subject matter of the dispute. 

In its accompanying statement of claim the plaintiff asserted that in or around 1980,  its Managing Director, Frederick Kofi Asare, acquired a parcel of land from the  Weija stool. In 1997, the said transaction was formalized by the preparation of an  indenture transferring ownership of the entire parcel of land to the plaintiff. After  the preparation of the indenture, the plaintiff sold a portion of its land to Mount  Olivet Methodist Church; hence, a new indenture was prepared for it by Nii Kojo  Kwame II the then …

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