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JUDGMENT
BY COURT:
The Plaintiff issued this Writ
in his capacity as the head of
the Asua -We family of Oyarifa
against the Defendant, as the
head of the Kpobi -We family of
Oyarifa. In the Writ the
Plaintiff claimed the following
“Declaration of title to a
parcel of land lying situate and
being at Ayi Mensah, Greater
Accra and bounded on the North
by property of Okai Tse We of
Teshie, on the East by Kweiman
and Danfa lands, on the South by
and West by property of
Defendnts and covering an
approximated area of 114.32
Acres.
On 26th June, 2009,
the motions Court entered
interlocutory Judgment against
the Defendant, and the suit sent
to this Court for the Plaintiff
to prove his title. In this
Court, the Defendant failed and
or refused to react to all the
processes served on him
including a motion to relist the
suit when it was struck out on 3rd
November, 2009. After the suit
had been restored to the list on
a motion on notice, the Court
ordered a hearing notice, for
the proof of title to be served
on Defendant.
On 27th January,
2010, the Plaintiff commenced
proof of his title as the
Defendant had then been
personally served on 25th
January, 2010 at Oyarifa with a
hearing notice. The Plaintiff
gave evidence and called two
witnesses. The first witness
said he knows the Plaintiff has
land. The 2nd
witness gave evidence that his
family shares boundary with the
Plaintiff’s land.
The evidence of the Plaintiff
and his witnesses has not been
controverted in any way. I
therefore accept same. As there
is no other evidence before me,
except that of the Plaintiff and
his witnesses, I accept same and
enter Judgment for the
Plaintiff.
The Plaintiff as head of Asua-We
family is declared title to a
parcel of land lying, situate
and being at Ayi Mensah, Greater
Accra and bounded on the North
by Property of Okai Tse We of
Teshie on the East by Kweiman
and Danfa lands, on the south by
and west by property of
Defendants and covering an
approximated area of 114.32
acres.
The Plaintiff is awarded cost of
GH¢2,000.00.
(SGD)MR. JUSTICE
S.H. OCRAN
Justice of the High Court
Counsel: Mr. Nick Afesi
for plaintiff.
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