GENEVIEVE LARYEA vs. OPHELIA DADZIE

The plaintiff claimed title to a parcel of land at Asabahan/Ngleshie Amanfro, Accra, said to have been acquired in 2000 from the Akramanaa family of Ngleshie Amanfro under a lease. She alleged that after taking possession and placing building materials on the land, the defendant entered the land, initially pleaded to remain temporarily, but later asserted ownership and expanded her structures on the land. The plaintiff therefore sued for declaration of title, recovery of possession, removal of structures, injunction, damages for trespass and costs. Portion of judgment: “It is the plaintiff’s case that she acquired the land in dispute from the Akramanaa family of Ngleshie in the year 2000… some members of his grantor family were watching over the land for her… some people have trespassed on the land and commenced the construction of a single room on the land… she found to her shock that the defendant had constructed an additional single room on the land and this time round the defendant claimed that she had bought the land.”

JUDGMENT Plaintiff’s case By a writ of summons issued on 14th September 2020, the plaintiff claimed the following reliefs against the defendant: i. A declaration of title in favour of the plaintiff of all that parcel of land described in the schedule of plaintiff’s deed of lease which includes the part which has been trespassed by an wrongfully being occupied by the defendant. ii. Recovery of possession of the one plot of plaintiff’s land that has been trespassed upon and forcibly and unlawfully taken over by the defendant. iii. An order directed at the defendant to remove from plaintiff’s land all structures that she has illegally put up on the portion that defendant has trespassed of plaintiff’s land. iv. Perpetual injunction against the defendant, her assigns, agents, servants, workmen, etc. from interfering with the property of the plaintiff part of which is now occupied by the defendant. v. General damages for trespass. vi. Cost including plaintiff’s lega...