MRS. ESTHER NTIAMOAH vs. IBRAHIM SIBIE FOSTER SARPONG

The plaintiff claimed title to disputed land at East Legon/Adjiriganor, asserting that she and her late husband obtained a grant from the Nungua Stool in 1980, later confirmed after the original deed was allegedly stolen. She said she fenced the land, built on it up to lintel level, installed caretakers, and remained in possession for many years. She alleged that in February and March 2010 the 1st defendant entered the land, harassed and ejected her caretakers, and demolished her structure. The 1st defendant claimed title through the Odaiteitse We family of Teshie and counterclaimed for title, possession, injunction and damages. The 2nd defendant claimed to have purchased from the 1st defendant as an innocent purchaser for value without notice and had built two houses on the land. Portion of judgment: opening narrative beginning “On the 25th day of March 2010 the plaintiff issued a writ...” through the pleadings and factual averments, including “It is the case of the plaintiff that in 1980 she and her late husband obtained a grant...” and “The 2nd defendant claimed through the 1st defendant...”

JUDGMENT On the 25th day of March 2010 the plaintiff issued a writ against the 1st defendant claiming the following reliefs: 1. “Declaration of Title to All That piece or parcel of land described in the schedule to the statement of claim; 2. Recovery of possession; 3. Perpetual Injunction restraining the Defendants, agents and assigns from howsoever interfering with the Plaintiff’s quiet enjoyment of the land. 4. Damages for Trespass Upon an application by the plaintiff for joinder made on the 14th day of October, 2010 the 2nd defendant was joined to the suit. The plaintiff on 29th day of October, 2012 amended her writ of summons to reflect the order for joinder. This suit was discontinued on 4th March 2011 with liberty for the parties to attempt settlement. The 1st defendant also discontinued his counterclaim. Settlement broke down and on 5th May 2011 plaintiff reinstated the action for the same reliefs against both defendants. It is the case of the plaintiff that in 1980 s...