[2019]DLHC7045April 30, 2019High Court

KORY CONSTRUCTION (PLAINTIFF) vs. EDDIE GYAN (DEFENDANT)

The real issue in this case is which of the two parties isentitled to the plot of land in dispute. Their contrasting stories are pleaded in few paragraphs which I capture as follows. The plaintiff, a limited liability company for purposes of its quarry business acquired a parcel of land situate at Mpeasem near Ngyiresia from one Mary Quainoo upon payment of valuable consideration. The land measuring approximately 44.06 acres was granted by assignment, a deed of which was executed and registered under file No. 2762/8210 TJ, Document No. 2586/12, Property No. 545—Land Valuation No. LVB/WR/1405/13 and Deeds No. 4735. The plaintiff put servants and security men on the land to protect same from encroachment. The defendant recently trespassed onto a portion of the land and started developing same. The plaintiff filed a writ at the district court which was struck later out for want of jurisdiction at the defendant’s instance. The defendant continues developing the land even in the face o...