[2013]DLHC5654 • May 9, 2013 • High Court
EBUSUAPANYIN KWESI OBENG & 2 ORS. vs. SCANCOM LIMITED & ANOTHER
Plaintiffs, custodians of Nkwatanan Anona Family land at Apam, claimed ownership of land on which 1st Defendant erected a mast for wireless telephonic services without permission, alleging trespass and seeking damages, removal of mast or compensation. Defendants denied trespass, asserting lawful occupation based on purchase from Tekyina Aboradze Family, who claimed ownership by prior judgments. The dispute involved complex historical land ownership and prior litigations between families over the land.
read moreEbusuapanyin Kwesi Obeng and Supi Kwesi Abeka commenced the instant action against the 1st Defendant on 8th April, 2009. Subsequent to an application by Tekyina Aboradze Family of Apam per its Head of Family Frederick Stephen Sey, this court joined the family to the suit as 2nd Defendant on 29th July, 2009 and on 14th June, 2011 Obotantan Edu Efrim X was joined to the suit as 3rd Plaintiff. In view of that the Plaintiffs filed an amended writ on 18th July, 2011 claiming as follows: (a) Substantial damages for trespass. (b) Immediate removal of the said mast from Plaintiff’s land, or in the alternative, immediate atonement of tenancy to Plaintiffs and payment of due compensation in the amount of GH¢10,000.00 by Defendants to Plaintiffs for Defendants’ use of the land. (c) Perpetual injunction restraining the Defendants by itself, its assigns, agents, privies, successors in title or any other person(s) claiming through it from interfering with the land in any manner. (d) Costs...