YEHANS INTERNATIONAL LIMITED vs. MARTEY TSURU FAMILY PER LARYEA MARTEI, 18TH JULY LIMITED

The plaintiff company, Yehans International Limited, initiated legal action against the developer of land at No.5, Section 102, Light Industrial Area. Subsequently, Martey Tsuru Family and 18th July Limited were substituted as defendants. The plaintiff sought declaration of title, damages for trespass, and recovery of possession. The defendants filed defenses and counterclaims asserting title to the land, alleging fraud regarding the plaintiff's title documents, and sought damages, possession, and injunctions. The dispute centered on ownership and possession of approximately 2.59 acres of land, with competing claims from the plaintiff (asserting Nungua Stool ownership) and defendants (claiming Martey Tsuru Family and related interests). The case involved examination of historical occupation, government acquisitions, land certificates, and traditional boundaries.

JUDGMENT The plaintiff company issued a writ of summons against the developer on No.5. Sec 102, Light Industrial Area. Subsequently, Martey Tsuru Family and 18th July Limited were substituted. The reliefs claimed were:- 1. Declaration of title 2. Damages for trespass 3. Recovery of Possession. The first defendant filed a defence and counterclaim on the 6th day of February 2007. It counterclaimed as follows:- “22, The defendant repeats paragraphs 1 – 19 and counterclaims: (a) Declaration of title to the land situate, lying and being at Martey Tsuru known as the Martey Tsuru Residential (East Airport) Area described in Land Certificate No GA 2677 together with the adjoining Light Industrial Area pleaded in paragraph 12 above. (b) Damages for Trespass (c) Recovery of Possession (d) Perpetual Injunction. ii. The Land Certificate No. GA 11761, purportedly issued to Pendergrass Borketey Alabi alias Borketey Alabi (Plaintiff’s Assigner) is neither signed nor sealed by...