JUDGEMENT
BY COURT:
The Plaintiff, by his Writ
issued on 26th
September 2008 claimed, on
behalf of the Nii Kwaku Ahene
Family of Bortianor against the
Defendants the following:
(a)
A declaration that Nii Kwaku
Ahene Family is the owner of
11.19 acres of land.
(b)
Perpetual injunction to restrain
the Defendants from further
interfering with portions of the
said parcel of land.
(c)
Recovery of possession of about
1.48 acres (10 plots of land)
encroached upon by the
Defendants.
(d)
Damages for trespass
(e)
Costs
As only one of the Defendants
was known by name, he, one Awe
and the Developer of a portion
of the land, were served by
substitution.
Even though no appearance and
Defence were filed, on 21st
April 2009, Directions was given
and the Defendants were again
served with a hearing notice by
substitution.
On 8th May 2009, the
Defendant gave evidence after
hearing notice had been served
by substitution. Apart from the
evidence of the Plaintiff, which
was not challenged, two other
persons gave evidence as P.W.1
and P.W. 2 who testified that
they know that the land being
claimed by the Plaintiff belong
to Kwaku Ahene Family of
Bortiano, and that the land had
not been abandoned as members of
that family farm on it. P.W.2,
one Daniel Otoo also gave
evidence that he shares boundary
with the Plaintiff, and it is
the area that they share
boundary that somebody had made
a layout and one plot of his
family land had even fallen in
the layout.
Since the evidence of the
plaintiff and his witnesses has
not been controverted, I accept
same and enter judgement for the
Plaintiff as follows:
a)
The Plaintiff’s family, the Nii
Kwaku Ahene Family of Bortiano
is declared owner of the 11.9
acres of land bounded on the
North by the family land of
Tetteh Asabi, Ogaatse and
Quarcopome on the East by the
Gyaator Kwaawor Family land, on
the South by Tetteh Awaa Family
and Aghani Family land, and on
the West by Teacher Otoo Family.
b)
An Order of Perpetual Injunction
is decreed against the
Defendants from further
interfering with portions of the
land as descried above.
c)
The Plaintiff is to recover
possession of the land,
measuring 1.48 acres i.e. 10
plots of land encroached upon by
the Defendants.
d)
The Plaintiff is also awarded
cost of GH¢4,000.00
Counsel: Mr. Martin L,
Kpebu for Plaintiff
(SGD.)MR. JUSTICE
S.H. OCRAN
Justice of the High
Court
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