[2011]DLHC4369 • April 21, 2011 • High Court
MISS JOSEPHINE AUGUSTA PRA vs. THE DEVELOPER
The Plaintiff, Miss Josephine Augusta Pra, claimed ownership and possession of a parcel of land at Abehenease near Amasaman, granted to her by sublease in 2001 from Madam Dora Naa Akuyea Mills, who held an original lease from the Abehenease family. The Plaintiff alleged that the Defendant, described only as 'The Developer' and unknown to her, trespassed on the land by erecting a wall and structure, prompting her to seek declarations of title, possession, damages, mesne profits, and injunctions to restrain interference with her ownership and use of the land.
read moreThe Plaintiff issued out a writ of summons against the Defendant who is unknown to her on 25th June, 2009 for the following reliefs: a. Declaration of title to all that piece/parcel of land described in paragraph 5 of the statement of claim. b. Recovery of Possession c. Damages for trespass. d. Mesne profit e. Perpetual injunction restraining the Defendant whether by itself or assigns, servants and agents from interfering with the Plaintiff’s ownership, occupation and use of the said land. f. Other just and reasonable reliefs. g. Costs occasioned by this action. In the accompanying statement of claim, the Plaintiff avers that the Defendant is unknown to her. She goes on to aver that in or about the year 2001 she was granted a sub-lease of a piece or a parcel of land, situate, lying and being at Abehenease near Amasaman by Madam Dora Naa Akuyea Mills of Accra who was the beneficiary of an original lease granted by Nii Odoi Kwao and Kotoku Lartey being heads and lawful repr.....