[2021]DLSC16482 • January 15, 2021 • Supreme Court •
MADAM THERESA AWUAH vs. BEN NYARKO & ANOR
The plaintiff claimed ownership of 2.22 acres of land at Kwabenya, Accra, acquired by Deed of Assignment from Samuel Armah Annang, who leased it from the Odai Ntow family. She commenced building on the land in 2004 but halted due to a government compulsory acquisition for a landfill project in 2007, which affected part of her land. After the project was abandoned, she returned in 2015 to find the defendants had encroached and damaged her property. The defendants claimed title through the Nii Okaijah Nukpa family, asserting they purchased and possessed the land since 2000, including leasing it to third parties and operating a quarry. The plaintiff sought declaration of title, recovery of possession, damages, and injunctions against the defendants.
read moreJUDGMENT Plaintiff’s case The original writ in this suit was issued on 20th June 2016 against only the 1st defendant. The 2nd defendant was joined by an order of the court dated 29th November 2016. This necessitated the amendment of the writ of summons which was done on 30th November 2016. By the said amended writ of summons, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land situate and being at Kwabenya, Accra containing an approximate area of 2.22 acres or 0.9 hectare more or less and bounded on the North by a proposed road measuring 170.9 feet more or less on the North East by proposed road measuring 39.6 feet more or less on the East by proposed road measuring 487.0 feet more or less on the South West by proposed road measuring 212.4 feet more or less on the South East by proposed road measuring 30.1 feet more or less and on the West by proposed lane measuring 411.9 feet more or less. ii. Reco.....