[2018]DLCA4943 • May 29, 2018 • Court of Appeal
P. A. T. OKINE vs. PATRICK ARYEE ARYEETEY AND NEW JUABEN MUNICIPAL ASSEMBLY
ACQUAYE, J.A By the amended writ of summons and statement of claim the plaintiff laid claim inter alia to a parcel of land Plot No. 64 Agavenya –Koforidua and special damages for the unlawful demolition of structures on his land. According to the plaintiff the parcel of land was gifted to him by his aunt Maame Koryo Wayo in 1995 after which a deed of gift was prepared on 10th February 2001 which he tendered as Exhibit A. The plaintiff testified that immediately after the gift of the land to him for which he provided aseda or thanks of Gh⊄4.00 he entered thereon and planted food crops like plantain, maize and oil palm trees. In 1998 a brother of his aunt Maame Koryo Wayo called Teye Kwame sued him over the plot of land at the District Court in Koforidua but Teye Kwame lost the suit so in 2005 he the plaintiff put up a house with a drug store in front on the land. Whilst he was building the 1st defendant was also developing his adjoining plot No. 65 but the 1st defendant later l...