[2018]DLHC8173 • October 30, 2018 • High Court
FELIX PENEPAH vs. AYINDENABA AZOR, ATOBI AZOR AND AKABILLA AZOR
The plaintiff, a carpenter residing in Dagmew, Bolgatanga, claimed ownership and peaceful possession of plot No. 35C, asserting it is distinct from plot No. 35A owned by the defendants' predecessor, the late Azor Akaliga. The defendants contended that plot 35C was part of plot 35A and that the plaintiff's building encroached on their land. The dispute arose following a 1998 judgment which declared plot 35A belonged to the late Azor Akaliga and found the plaintiff had trespassed on part of it by erecting a building. The plaintiff alleged unlawful eviction and harassment by the defendants' agents from plot 35C, which he claimed to have leased and built upon.
read moreThe plaintiff is a carpenter and asserted he resides and practises his trade at Dagmew, a suburb of Bolgatanga. He caused to be issued from the Registry of this court on 9th August, 2016, a writ of summons directed at the defendants, claiming the following reliefs: 1. A declaration that, save that they have a common boundary, the plots of land numbered 35A and 35C Dagmew Residential Area, Bolgatanga are two separate and distinct plots of land one from the other. 2. A declaration that the storey building put up by the Defendants’ predecessor (the late Azor Akaliga) is located on plot No. 35A 3. A Declaration of title to plot No. 35C which plot is bounded to the North by the Bolgatanga-Bawku Highway to the South by plot No. 35A to the East by an unnamed road and to the West by plot No. 35b and measuring in the aggregate 0.20 acre. 4. A declaration that the plaintiff’s residential building vandalised by the Defendants’ predecessor (the late Azor Akaliga) is located on plot No....