[2016]DLHC17414November 30, 2016High Court

ALHAJI MASSOUD MAIGA vs. THEOPHILUS MENSAH, ERIC OKINE

The plaintiff, Alhaji Massoud Maiga, a Ghanaian citizen residing in the UK, claimed ownership of a 0.18-acre parcel of land at South NmaiDzorn, Tema Rural Area, Greater Accra Region, acquired by Deed of Assignment dated 3rd September 2006 from Nicholas Tawiah and the Okpelor Sowah Din Family. The plaintiff alleged that the defendants unlawfully trespassed and developed the land, with the first defendant having sold the land to the second defendant. The plaintiff sought declarations of title and trespass, recovery of possession, demolition of structures, damages, and injunctions.

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JUDGMENT The plaintiff commenced the instant action on 18th December, 2012 by filing writ of summons and statement of claim against defendants for the following reliefs: (i) A declaration of title in favour of plaintiff for all that piece or parcel of land known, situate, being and lying at South Nmai-Dzorn, Tema Rural Area of the Greater Accra Region of the Republic of Ghana containing approximate area of 0.18 acre and bounded on the North East by Lessor’s Land measuring 101.3 feet more or less, on the South West by Lessor’s Land measuring 100.9 feet more or less, on the North West by Lessor’s Land measuring 60.1 feet more or less, on the South East by proposed road measuring 60.0 feet more or less and more particularly described at paragraph 2 of plaintiff’s statement of claim. (ii) An order for recovery of possession of the land the subject matter of this suit from the defendants particularly 2nd defendant. (iii) A declaration that the defendants have trespassed unto pl...