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JUDGEMENT
BY COURT:
The Plaintiffs claimed against
the Defendant the following:
I.
Declaration of title to all that
piece or parcel of land situate
lying and being at Borteyman Nnmai
Dzorn, Accra in the Greater
Accra Region containing an
approximate area of 0.18 Acre or
0.7 Hectare starting from pillar
marked SGGA 93501 on the bearing
of 131o40 for a
distance of 6720.3 feet to a
pillar marked EK1 which bearing
together with all further
bearings hereinafter mentioned
is referred to the meridian 1o
west longitude, bounded on
the N-E from pillar EK1-EK2 with
a bearing of 23 o 26
for a distance of 100.7 feet
more or less on W-W from pillar
EK2-EK3 with a bearing of 113
o32 for a distance of 80.1
feet more or less on the S-E
from pillar EK3-EK4 with a
bearing of 208 o19
for a distance of 101.9 feet
more or less on the
S-W from pillar EK4-EK1 with a
bearing of 194 o25 by
a proposed road measuring 70.0
feet to the terminal pillar
marked SGGA 93501 with a bearing
of 4211 o29 for a
distance of 6601.1 more or less
in which `piece or parcel of
land is more particularly
delineated on the Site Plan
attached hereto and thereon
shwen edged PINK in favour of
the 1st Plaintiff as
the present lawful owner.
II.
Declaration of title to all that
piece of land containing
approximate area of 0.15 Acre or
0.6 Hectare starting from pillar
SGGA 935 01 1 on the bearing of
31 o2 for a distance
of 6723.3 feet to a pillar
marked EK2 which bearing
together will all further
bearings hereinafter mentioned
is referred to the meridian 1
o west longitude, bounded
on the N-E from pillar EK2-EK3
with bearing of 25 o8
by a proposed measuring 100.8
feet more or less on W-W from
pillar EK3-EK4 with a bearing of
113 o32 for a
distance of 71.0 feet more or
less on the S-E from pillar
EK4-EK1 with a bearing of 203
o12 by a proposed road
measuring 74.2 feet to the
terminal pillar marked SGGA 935
01 4 with a bearing of 211
o29 for a distance of
6605.3 more or less in which
piece or parcel of land is more
particularly delineated on the
site plan attached hereto and
thereon shewn edged PINK in
favour of the 2nd
Plaintiff as the present lawful
owner.
III.
An order directing the Defendant
to demolish at his own cost the
unlawful single room structure
he had erected on 1st
Plaintiff’s land.
IV.
Perpetual injunction restraining
the Defendant whether by himself
or his agents, servants,
assigns, workmen, operatives or
persons or group of persons
claiming through Defendant or
upon his instructions from ever
carrying out any
developing/construction work and
further from ever coming unto
any portion of the said parcels
of land and or interfering with
Plaintiffs quiet and peaceful
enjoyment and use of the said
parcels of land in any way or
manner.
V.
Exemplary damages for trespass,
and cost.
On 11th December,
2009 Interlocutory Judgement was
entered against the Defendant
who entered appearance per
Counsel but failed and or
refused to file defence to the
action.
The suit was then sent to this
Court for the Plaintiffs to
proof their title to the land in
dispute. On 14th
January, 2010 the suit was
adjourned to 28th
January, 2010 with an order that
hearing notice should be served
on Defence Counsel.
On 28th January,
2010, there was Proof of Service
to the effect that lawyer Jah
Josiah had been served with a
Hearing Notice on 21st
January, 2010. The Defendant
and his Counsel failed and or
refused to attend Court. The
Court therefore asked the
Plaintiffs to proof their case.
All the Plaintiffs led evidence,
the 1st Plaintiff by
himself and the 2nd
Plaintiff by an attorney with a
power of attorney. The
Plaintiffs traced their root of
title from one Isaac Tawiah and
brothers.
A photocopy of the Land Title
Certificate of their grantor was
tendered as exhibit ‘B’. On the
Land Certificate, the names of
Isaac Borteye Tawiah, Sergeant
Enoch Botey, Warrant Officer 1
William Borquaye, Sergeant
Bortey Sammy, Captain Ninepence,
Eric Bortey and Akrong Bortier
appear as proprietors in common
in equal shares of a lease for a
term of 99 years from 19th
June, 1974.
W.O.I William Borquaye gave
evidence for the Plaintiffs as
P.W.1. He gave evidence that
they i.e. he and his brothers
have a judgement and a Land
Title Certificate on the land,
and that they gave a part of the
land to the Plaintiffs. That
the land they gave to the
Plaintiffs is covered by
exhibits ‘C’ and ‘H’. He also
gave evidence that they had not
given the land in dispute to
anybody except the Plaintiffs.
That his brothers were in court,
and they support the evidence.
In exhibits ‘C’ and ‘H’ it was
stated that on 9th
November, 2004, the High Court,
held that a larger area of land
belonged to them. Since the
evidence of the Plaintiffs have
not been controverted in any
way, I accept same as the
truth. On the quantum of
damages, the Plaintiffs tendered
exhibits D, D1, and E to show
the wall and the destroyed
wall. According to the 2nd
Plaintiff’s attorney, he spent
GH¢1,400 in constructing the
fence wall. This too I accept.
Having regard to the fact that
the same GH¢1,400.00 spent on
the wall may not be able to
reconstruct the fence wall, I
enter Judgement for the
Plaintiffs as follows:
a)
The 1st Plaintiff is
declared title to the piece and
parcel of land situate at
Borteyman Nnmai Dzorn, Accra and
described in relief (i)
b)
The 2nd Plaintiff is
also declared title to the
parcel of land at Borteyman,
Nnmai Dzorn, Accra, and
described in relief (ii).
c)
The Defendant, his agents,
servants, privies etc are
perpetually restrained from
coming unto any portion of the
said parcels of land and or
interfering with the Plaintiffs
quiet and peaceful enjoyment and
use of the lands in issue.
d)
The Defendant is to pay GH¢5,000.00
as damages for trespass to the
said parcels of land.
The Plaintiffs are awarded cost
of GH¢1,000.00.
(SGD.) MR. JUSTICE S.H.
OCRAN
Justice of
the High Court
Counsel: Mr.
Charles Habia for Plaintiffs.
Mr. Jah Josiah for Defendant.
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