ADU KOFI DJIN AND NAA DEDEI ARYEE (PLAINTIFFS) vs. NYAMEBEKYERE AND REV. CHRISTOPHER SOWAH OKPOTI (DEFENDANTS) [2012]DLHC7085

ADU KOFI DJIN AND NAA DEDEI ARYEE (PLAINTIFFS) vs. NYAMEBEKYERE AND REV. CHRISTO... [2012]DLHC7085

Date	2012-05-23
Suit No.	SUIT NO. BL.75/2007
Citation No.	[2012]DLHC7085

HIS LORDSHIP HONOURABLE JUSTICE K. AMISSAH-KOOMSON

PLAINTIFF IN PERSON AND REPRESENTS 2ND PLAINTIFF

BEN ANNAN FOR DEFENDANTS

[2012]DLHC7085
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													<main id="main" class="content" style="min-height: 60rem" >ADU KOFI DJIN AND NAA DEDEI ARYEE<o:p></o:p>(PLAINTIFFS)<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>NYAMEBEKYERE AND REV. CHRISTOPHER SOWAH OKPOTI<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL: <o:p></o:p>PLAINTIFF
IN PERSON AND REPRESENTS 2ND PLAINTIFF. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

BEN ANNAN FOR DEFENDANTS<o:p></o:p>

</div>After
the close of hearing, the Plaintiffs with the leave of the Court amended the
endorsement on their Writ of Summons to read:— <o:p></o:p>(a)(i)
Declaration of title in favour of 1st Plaintiff in respect of all that triangle
shaped parcel of land at Oyarifa with the East Pantang Town Planning Layout in
extent 38.48 acres bounded on the North by Agbawe Family land measuring 1230
feet more or less on the East by Agbawe Family land leased to Italga Farms
measuring 2560 feet more or less on the West by Agbawe Family land measuring
3050 feet more or less and covered by document dated October 1999 made between
the lawful Representatives of Agbawe Family Nii Adjei Kpobi Asaawa (Head of
Agbawe Family-La) and Nii Adjei Akpor Doku (Acting Oyarifa Mantse Joint Head
and Adu Kofi Djin, Stamped LVB 14522/99 Plotted as property No. N.928 on 27th
October, 1999 in the records of Lands Commission Accra and registered as Land
Registry No.3755/1999. <o:p></o:p>(ii)
Declaration of title to all that piece of Land approximately 0.74 acres
consisting of four plots being at East Pantang known as Plot Nos. 64 and 66
Tetteh Tsuru Street, Plot No. 2, 1st Link Road and Plot No. 1 bounded on the
North-West by 1st Link Road measuring 155 feet on the West by Tetteh Tsuru
Street measuring 45 feet on the South-West by Tetteh Tsuru Street measuring 120
feet on the South by Tetteh Tsuru Street measuring 50 feet and on the
South-East by a Proposed Road measuring 100 feet on the North-East by Plot No.4
Link Road and Plot No.3 measuring 190 feet.<o:p></o:p><o:p>&nbsp;</o:p>(b)Recovery
of Possession of the said land. <o:p></o:p><o:p>&nbsp;</o:p>(c)
Perpetual Injunction restraining the Defendant by herself or servants or agents
or assigns from entering the said parcel of land or in any way whatsoever from
interfering with the said piece of land or Plaintiffs right to ownership and
possession of it. <o:p></o:p>Soon
after the defendant had entered an appearance on 7th December, 2006 and before
he could deliver a defence the Co-Defendant herein on 11th January, 2007
applied be joined and in a supporting affidavit to that application claimed to
be the Head of the Owusu We Family that leased the disputed land to the
defendant's husband. Subsequently the Defendant filed a Statement of Defence on
1st February, 2007 and pleaded the disputed land was granted to her husband in
1998 by one Reverend Christopher Sowah Okpoti of the Owusu We Family of the
Agbawe Clan. The said grantor is the herein Co-Defendant. Defendant pleaded
further that she had a valid document from the Owusu We Family of Agbawe Clan
signed by the Co-Defendant and witnessed by the Principal elders of the Owusu
We Family. <o:p></o:p>Between
the Plaintiffs and the Defendant the following issues were set down for trial
on 10th May, 2007. <o:p></o:p>i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether 1st Plaintiff is owner of a 38.48
acre land at Oyarifa covered by document dated 20th October, 1999 made between
Nii Adjei Kpobi Asaawa and Nii Adjei Akpor Doku joint heads of Agbawe Family
and Adu Kofi Djin 1st Plaintiff of which the land the subject matter of
Plaintiff's claim is a small part. <o:p></o:p>ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&</main>