[2022]DLHC16381 • July 29, 2022 • High Court
REGISTERED TRUSTEES OF POWER OF GLORIOUS MINISTRY vs. MORGAN OFFEH & 2 ORS
The plaintiff, a church, claimed title to land based on adverse possession, alleging possession for about thirteen years without hindrance until the 2nd defendant, under authority of the 1st defendant, trespassed and attempted eviction. The defendants contended that the 1st defendant acquired the land by lease in 2000, had a caretaker who allowed the plaintiff to use the land as a bare licensee, and that the plaintiff was to yield possession when the 1st defendant required the land. Attempts to swap or purchase the land by the plaintiff failed. The plaintiff did not describe the land in pleadings, and the defendants counterclaimed for declaration of title, injunction, recovery of possession, and costs.
read moreJUDGMENT Plaintiff’s case The writ in this suit was issued by the plaintiff church on 1st July 2021 claiming the reliefs of declaration of title, damages for trespass, perpetual injunction and costs. The whole of the plaintiff’s action is based on adverse possession as they claim that they have been on the land for about thirteen years without any hindrance from any quarters until recently when the 2nd defendant, on the authority of the 1st defendant, trespassed on the land by claiming ownership of the land and attempting to evict them from the land. The plaintiff therefore claimed the following reliefs against the defendants: i. Declaration of title to all the parcel of land adequately described in the schedule attached hereto. ii. Damages for trespass. iii. Perpetual injunction to restrain the defendants either by themselves, agents, workers, servants, privies or any person whatsoever from entering, constructing on building (sic) with the plaintiff’s quiet enjoyment ...