[2023]DLHC17048February 13, 2023High Court

FRANCIS KWAKU ADJEI vs. VIDA HOSUNU, KOFI ANORSIGBE

The plaintiff, Francis Kwaku Adjei, claimed ownership of a 0.16-acre parcel of land at Kpando Taskpe, acquired by an indenture dated 29/07/2004 from the Sam Dzide family, which included a small sandcrete structure he expanded. The defendants, Vida Hosunu and Kofi Anorsigbe, allegedly trespassed by erecting structures without permission. The defendants denied ownership, alleging fraud in the plaintiff's acquisition and claiming the land was gifted to the 1st defendant's father over 50 years ago. The plaintiff sought declaration of title, damages, injunction, demolition of defendants' structures, and recovery of possession.

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JUDGMENT On 21/04/11, the plaintiff mounted the instant action and by an amended writ of summons pursuant to the order of the court, the plaintiff claims against the defendants the following reliefs: i. Declaration of title to all that piece or parcel of land situate and being at Kpando-Taskpe and bounded as follows: on the North-East by Vendor’s property measuring 110 feet more or less, on the South East by Vendor’s property measuring 70 feet more or less, on the South-Wet by Vendor’s property measuring 112 feet more or less and on the North West by Vendor’s property measuring 60 feet more or less and containing an approximate area of 0.16 acre”. ii. General and special damages for trespass. iii. Perpetual injunction restraining the defendants, their agents, assigns, workmen, and servants from any further development on the said portion of land. iv. An order for the Court to demolish all the properties of the defendants built on the land. v. Recovery of vacant possessi...