[1989]DLHC1964 • November 17, 1989 • High Court
AHENKRA vs. YAMARK
In 1975, Joseph Mensah, the plaintiff's father and original landowner, granted the defendant permission to use part of his land at Bubuashie as a fitting shop for a monthly fee. Three years later, the plaintiff claims his father transferred ownership of the land to him absolutely. The defendant refused to vacate despite verbal and written notices and allegedly attempted to expand his occupation beyond the originally allocated portion. The plaintiff sued for declaration of ownership, damages for trespass, injunction, and ejectment. The defendant counterclaimed for a declaration of possessory licence coupled with interest and an injunction to protect his occupation.
read moreJUDGMENT OF LUTTERODT J. In 1975 one Joseph Mensah, the first plaintiff witness, who is the plaintiff’s father, gave part of his piece of land to the defendant to use as a fitting shop. Three years later, the plaintiff alleges, his father transferred his interest in his property to him absolutely. The plaintiff alleges that despite several verbal and written notices to the defendant requesting him to vacate the land he has flatly refused to do so. When therefore, he also learnt that the defendant had attempted to carve for himself a much bigger piece of land than had been allocated to him, he promptly caused his solicitors to issue this writ claiming, as per the amended statement of claim, the following reliefs: (a). “A declaration that the plaintiff is the owner of a piece of land situate and lying at Bubuashie containing an area of 0.32 acres measuring 117 feet on both north and south and 1201 feet on both east and west. (b). ¢1 million general damages for trespass against t...