YAW OFOSUHENE AND ANOTHER vs. KWABENA AGYABENG AND 7 OTHERS [2010]DLHC8267

Date	2010-02-25
Suit No.	SUIT NO. C1/148/08
Citation No.	[2010]DLHC8267

HIS LORDSHIP MR. JACOB B. BOON

ERNESTINA ABRAHAMS FOR PAPA DADSON FOR PLAINTIFFS.

NO REPRESENTATION FOR DEFENDANTS

[2010]DLHC8267
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													<main id="main" class="content" style="min-height: 60rem" >YAW OFOSUHENE
AND ANOTHER<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>KWABENA
AGYABENG AND 7 OTHERS<o:p></o:p>[HIGH COURT,
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C1/148/08&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
25TH FEBRUARY, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ERNESTINA
ABRAHAMS FOR PAPA DADSON FOR PLAINTIFFS.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

NO
REPRESENTATION FOR DEFENDANTS<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP MR. JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>Judgment
and assessment of damages.<o:p></o:p>The plaintiffs who
are Ghanaians but ordinarily resident in Holland are a married couple. They
took out a writ of summons from the Registry of this court against the
defendants jointly and severally claiming (a) declaration of title to a piece
of unnumbered land commonly described and called “AREA B” at Sepasi in the
Atwima District of Ashanti and covering a total of 2.75 acres, (b) damages for
trespass, (c) perpetual injunction and (d) any other orders that the court may
deem fit to make. The defendants were served by substitution, and they having
failed to enter appearance to the action; the plaintiffs were given
interlocutory judgment on the 16th January, 2009:<o:p></o:p>In proof of their
title to the disputed land, second plaintiff led evidence on 2nd
February, 2010. The evidence so led clearly established that the plaintiffs
purchased the disputed land from Messrs Kaddave Stores and Farms Ltd. (formerly
referred to KAD Stores and Farms Ltd) and were put in possession of it. It was
after they took possession that the defendants trespassed into it.<o:p></o:p><o:p>&nbsp;</o:p>I am satisfied that
title to the land is vested in the plaintiffs, and their claim for declaration
of title to the said piece of land is hereby allowed. They are also entitled to
an order of perpetual injunction to restrain the defendants either by
themselves, their workmen, agents or assigns from interfering with the land.<o:p></o:p><o:p>&nbsp;</o:p>What remains to be
determined is the quantum of damages to be awarded against the defendants for
their unlawful occupation of the land where they erected structures that were demolished
by the plaintiffs at a cost of ¢15,000,000.00 (GH¢1,500.00) Even after this,
the defendants refused to vacate the property, but rather threatened to kill
the plaintiff if they dare step on it. This compelled the plaintiffs to summon
them before the Asantehene who referred the matter to one Owusu Ansah, a former
Lands Officer at Kumasi Traditional Council for his action. Mr. Owusu Ansah,
now deceased, ruled in favour of the plaintiffs after the defendants and their
supposed grantor, the caretaker chief of the area could not produce any
document to support their claim of title to the land.<o:p></o:p><o:p>&nbsp;</o:p>Even though the caretaker
chief promised to allocate the plaintiffs the different piece of land, that
promise was not fulfilled. As defendants continued their tresspassary
activities on the land the plaintiffs instituted the instant action.<o:p></o:p><o:p>&nbsp;</o:p>It is instructive
to state that the intention of plaintiffs in acquiring the land was to develop
it into a poultry farm, relocate from Holland to Ghana, and manage the farm for
their livelihood. They projected they would earn about GH¢ 40,000 annually from
the farm. To execute the project they raised a loan in Holland, which remains
unpaid as at now.<o:p></o:p><o:p>&nbsp;</o:p>As a result of the
unlawful occupation of the land, plaintiffs could not carry through their
intentions. In the course of fighting the defendants’ occupation of the land,
the second </main>