[2007]DLCA5256 • June 8, 2007 • Court of Appeal
EMMANUEL BOB ALORGBEY vs. FLORENCE ABDALLAH
The plaintiff, Emmanuel Bob Alorgbey, claimed ownership of a parcel of land at Nungua, granted to him in 1997. The defendant, Florence Abdallah, his neighbor, constructed a fence wall allegedly encroaching onto the plaintiff's land. The plaintiff had previously sued the defendant for trespass and injunction in 1998 but lost. The defendant later extended her fence further onto the plaintiff's land, prompting the current suit for declaration of trespass, damages, recovery of possession, and injunction.
read moreKUSI-APPIAH, J.A: This is an appeal by the plaintiff/appellant from the judgment of the Circuit Court, Accra by which the plaintiff’s action was dismissed. The plaintiff’s claim before the court was for: “a) Declaration that the defendant’s act of constructing a fence wall deep into the Plaintiff’s land amount to trespass. b) Damage for trespass. c) Recovery of possession of any portion of the plaintiff’s land trespassed unto by the defendant. d) Perpetual injunction restraining the defendant, her agent, assigns and workmen from further trespass on plaintiff’s land.” The basis for the plaintiff’s relief are contained in paragraphs 1-9 of this statement of claim which read: 1) Plaintiff is the owner of a piece or parcel of land situate at Nungua 2) Plaintiff obtained a grant of his land from Nii Shippi Anum acting on behalf Nii Oshwendzoo Distilleries Ltd of Nungua in 1997 and was granted an indenture to Cover some and same and same id described in...