BETTY AYISI MANTE vs. ERIC GYIMAH AND DANIEL KWADWO DWUMAH [2019]DLHC8999

Date	2019-10-31
Suit No.	SUIT NO. LD/1290/17
Citation No.	[2019]DLHC8999

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

FRANCIS KWAME YEBOAH FOR PLAINTIFF

CECIL METTLE NUNOO FOR GEORGE ANKOMAH MENSAH FOR DEFENDANTS

[2019]DLHC8999
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >BETTY AYISI MANTE<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>ERIC GYIMAH AND DANIEL
KWADWO DWUMAH<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (LAND DIVISION), ACCRA]<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. LD/1290/17&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 31ST OCTOBER, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>FRANCIS KWAME YEBOAH FOR
PLAINTIFF&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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">

CECIL
METTLE NUNOO FOR GEORGE ANKOMAH MENSAH 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">

</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">

</div><o:p>&nbsp;</o:p>The facts of this case are that the Plaintiff,
Betty Ayisi Mante, on 30th November 2017, caused her lawyer to issue
a writ of summons against the Defendant, Eric Gyimah, for a declaration of
title to the land in dispute, damages for trespass, perpetual injunction to
restrain the Defendant and his assigns from developing the land in dispute and
removal of all construction works and building materials from the land at the
expense of the Defendant. <o:p></o:p><o:p>&nbsp;</o:p>In the accompanying statement of claim,
the Plaintiff asserted, among others, that by a lease dated 25th
November 2011, she acquired the land in dispute from the Odai Ntow family of
Teshie. She claimed that she cleared the land and had corner pillars erected
around its boundaries. She further applied for registration of title in the
land in dispute and was issued a Land Certificate in 2016. <o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff’s case is that about
three (3) months prior to the institution of this action, she noticed that the 1st
Defendant was constructing a foundation on her land and reported him to the
police. After the police had inspected the documents of both parties, they
advised the 1st Defendant to stop working on the land in dispute.
Despite this warning, the 1st Defendant escalated his acts of
trespass. This caused the Plaintiff to seek the intervention of this Court for
justice.<o:p></o:p><o:p>&nbsp;</o:p>In her witness statement, the Plaintiff
exhibited her lease from the Odai Ntow Family as Exhibit “A”. &nbsp;The said Exhibit “A” was dated 12th
November 2011 but the accompanying site plan, which was produced during the
trial and marked Exhibit “A1”, was not dated.&nbsp;
Plaintiff also exhibited her Land Certificate as Exhibit “B”. &nbsp;There was a slight variation between the land
size covered by Exhibit “B” and the land size indicated in Exhibit “A1”; the
former being 0.08 and the latter being 0.079. A witness statement was also
filed on Plaintiff’s behalf by one Ebenezer Anteh who is a Principal Member of
the Odai Ntow family. &nbsp;He also attached a
judgment to his witness statement which was marked as Exhibit “C”.<o:p></o:p><o:p>&nbsp;</o:p>The 1st Defendant, on his
part, caused his lawyer to file an entry of appearance to the writ on 12th
December 2017. Thereafter, the 2nd Defendant, applied and was joined
to the suit after which he filed a statement of defence. &nbsp;In the 2nd Defendant’s statement of
defence, he asserted that the 1st Defendant was his son whom he had
put in charge of the land in dispute. He stated that he acquired the land in
dispute on 15th August 2003, from the Odai Ntow family of Ashongman
through the then head of family, Nii Aryee Annan (deceased). <o:p></o:p><o:p>&nbsp;</o:p>He claimed that he immediately took
possession of the land by building a dwelling house on it in which he put
tenants. He stated that he knew the adjoining land owners, one of whom was
called Jacob Mensah. He maintained that the Pl</main>