REPUBLIC OF GHANA

Order 2 rule 3(1))

WRIT ISSUED FROM……………………………… 20........ SUIT NO…………….

IN THE HIGH COURT OF JUSTICE

KOFORIDUA
……………………………………………………
BETWEEN

MR. JOSEPH WILFRED YAW ASARE PLAINTIFF

HOUSE NUMBER GM – 161 – 3776
AMANFROM, ACCRA.

VRS

1. AYER JAMES TETTEH DEFENDANTS

2. CECILIA MAMLE NARH
3. MR. SACKIE
(PLAINTIFF TO DIRECT SERVICE)

To:
AN ACTION having been commenced against you by the issue of this Writ by the Above-named Plaintiff 1. MR. JOSEPH
WILFRED YAW ASARE

YOU ARE HEREBY COMMANDED that within EIGHT DAYS after service of this 1. AYER JAMES TETTEH 2. CECILIA
MAMLE NARH 3. MR. SACKIE

AND TAKE NOTICE that in default of your so doing, judgment may be given in your absence without further notice to you.
Dated this day of 2023

Chief Justice of Ghana

NB: This writ is to be served within twelve calendar months from the date of issue unless; it is renewed within six
calendars months from the date of that renewal.

The defendant may appear hereto by filing a notice of appearance either personally or by lawyer at Form 5 at the
*Registry of the Court of issue of the writ at A defendant appearing personally may, if he desires, give notice of
appearance by post.
State name, place of residence or business address of plaintiff if known (not P. O. Box number).
State name place of residence or business address of defendant (not P. O. Box number)
 STATEMENT OF CLAIM

The Plaintiff claims against the defendants for: -

1. Declaration of titles and recovery of possession:
a) to all that piece or parcel of land situate, lying and being at Aworworso in the Eastern
Region of the Republic of Ghana and bounded on the North by the vendor’s house, on
the South by Asesewa – Aworworso motor road, on the East by Georgetse Sackitey
Okoter’s property and on the West by Ahulu’s property covering an appropriate area of
1.83 acres which piece of land is more particularly delineated on the plan attached
hereto and thereon shewn edged pink which shows the relevant measurements.
b) to all that piece or parcel of land measuring 100 X 92 feet situate, lying and being at
Dorm – Aworworso in the Eastern Region of the Republic of Ghana and bounded on the
top by Alayabani’s property, on the bottom by the vendor’s personal property, on the
left by Mr. Okumi Kofi’s property and on the right by Mr. Abraham Sackitey Okoter’s
property.
2. An order for perpetual injunction restraining the defendants, their assigns, grantees, and all
who claim through them from entering the parcels of land the subject of dispute.
3. Damages for trespass.
4. Any other order(s) the Honorable Court may deem fit.

DATED AT AMOAKO ADJEI LAW CONSULT THIS 18TH DAY OF AUGUST, 2023.

SULEMAN MUSAH ESQ.

AMOAKO ADJEI LAW CONSULT
LICENCE NO: eESR01520/23
LAWYERS FOR PLAINTIFF

This writ issued by SULEMAN MUSAH LICENCE NO: eESR01520/23

Whose address for service is: AMOAKO ADJEI LAW CONSULT,
BEHIND BACA HOTEL
AALC BUILDING
GALLOWAY
P. O. BOX. 1105, KOFORIDUA
TEL:03420 28181.3

Agent for Plaintiff

Lawyers for the Plaintiff AMOAKO ADJEI LAW CONSULT.,
Who resides at: KOFORIDUA
…………………………………………………………………………………………………
Endorsement to be made within 3 days after service
This writ was served by me at
on the Defendants
on the day of
Endorsed on the day of
Signed …………………………………………….
Address……………………………………………

NOTE: if the Plaintiff’s claim, is for liquidated demand only, further proceedings will be stayed if within the time limited
for appearance the defendants pay the amount claimed to the Plaintiff, His lawyer or his agent or into Court as provided
for in Order 2 rule 3 (2)
 IN THE HIGH COURT OF JUSTICE
KOFORIDUA – AD 2023

SUIT NO:
MR. JOSEPH WILFRED YAW ASARE PLAINTIFF
HOUSE NUMBER GM – 161 – 3776
AMANFROM, ACCRA.

VRS

1. AYER JAMES TETTEH DEFENDANTS

2. CECILIA MAMLE NARH
3. MR. SACKIE
(PLAINTIFF TO DIRECT SERVICE)

STATEMENT OF CLAIM

1. The plaintiff is the head of the Akoto family of Asesewa in the Eastern
Region of the Republic of Ghana.
2. The defendants are believed to be residing at Asesewa and they have
trespassed unto the plaintiff’s family land.
3. The plaintiff avers that the parcels of land which are in dispute belongs to
his family and has been his family’s land for so many years. The parcels of
land include:
a) all that piece or parcel of land situate, lying and being at Aworworso
in the Eastern Region of the Republic of Ghana and bounded on the
North by the vendor’s house, on the South by Asesewa – Aworworso
motor road, on the East by Georgetse Sackitey Okoter’s property and
on the West by Ahulu’s property covering an appropriate area of 1.83
acres which piece of land is more particularly delineated on the plan
attached hereto and thereon shewn edged pink which shows the
relevant measurements.
b) all that piece or parcel of land measuring 100 X 92 feet situate, lying
and being at Dorm – Aworworso in the Eastern Region of the
Republic of Ghana and bounded on the top by Alayabani’s property,
on the bottom by the vendor’s personal property, on the left by Mr.
Okumi Kofi’s property and on the right by Mr. Abraham Sckitey
Okoter’s property.
4. The plaintiff avers that his grandfather, in the person of the late Mr. Kweku
Akoto purchased the parcels of land from one Sackitey Mauledey of Dorm-
 Kpler and Dorm-Aworworso after which he was issued with documents
covering the sale.
5. The said grandfather went into occupation and farmed on the land till his
demise.
6. Upon the plaintiff’s grandfather’s demise, the plaintiff’s elder brother
succeeded him and continued farming on the land before he also passed
on.
7. It is the case of the plaintiff that during the lifetime of his deceased brother,
the brother farmed on both lands to the notice of everyone by planting
maize, plantain and cassava.
8. The deceased brother subsequently became the head of the Akoto family
and upon his death the plaintiff became the head of family.
9. The plaintiff avers that his brother died some years ago.
10.After the deceased brother’s funeral, the children of the deceased brother
pleaded with the family for portions of the land to farm on which the family
agreed and granted same.
11.The children worked on their portions for some time before they eventually
moved away from the Asesewa township to seek greener pastures.
12.The children came back about two(2) or three(3) years ago and realized that
their portion of land given to them by the family as well as some other
portions of the family lands have been encroached upon.
13.The head of family being the plaintiff was informed by one of the children
of the deceased, Akoto Teye concerning the recent development where the
plaintiff advised him to summon the trespassers before the chief.
14.The plaintiff states that the trespassers were summoned before the Dade
Matse, one Mr. Sackitey. When they were questioned, the 1st defendant
stated that Maame Akweley without the consent of the family sold that
portion of the family land to him.
15.The 2nd defendant also claimed that she bought a portion of the land from
one Okoter who is not even a family member.
16.The plaintiff states that the said Okoter’s father in the person of Georgetse
Sackitey Okoter whose land shares boundaries with their family land was
only a witness to the sale of the land to their grandfather. He was never the
owner of the land.
17.The Dade Matse gave the 1st and 2nd defendants ample time to produce
documents they had covering the said sale but they could not produce any.
18.The 3rd defendant also admitted that the 1st defendant without permission
from the plaintiff’s family only granted him a portion of the land to farm on
but he went ahead to build on the land without any authority.
19.At the Dade Matse’s place, the defendants were informed that the land is
the plaintiff’s family land and that their vendors did not have authority to
grant them portions of the plaintiff’s family land.
20.As a result of this encroachment, the plaintiff’s family at a point approached
the family that sold the land to their grandfather to ask if they had also
resold the land to others without their consent.
21.The vendor’s family assured the plaintiff’s family that they were willing to
testify to this effect whenever they are called upon.
22.The plaintiff shall contend that even if his family’s grantors ever granted the
land they will have had nothing by the principle of nemo dat quod non
habet.
23.The plaintiff avers that he has been told that one of the deceased’s children
instituted an action before the District Court, Asesewa in respect of these
same parcels of land.
24.The plaintiff states that he was not aware of this action as the said son
never informed him.
25.The plaintiff has since been informed that during the pendency of the said
action, an injunction was placed on the land with the Town and Country
Planning also issuing directives for the defendants to stop work but all
proved futile as the defendants went ahead to fully construct their buildings
to the detriment of the plaintiff’s family.
26.The plaintiff states that with the other land as specifically described in 1(a)
of the statement of claim, the 3rd defendant who was only given a portion
of the land to farm on has also built on the land without any authority.
27. The 3rd defendant upon realizing what he had done offered to give the
plaintiff’s family another portion of land to replace what he had illegally
taken but the size of the land he was offering was smaller than what he had
taken.
28.The plaintiff shall contend that the land does not belong to the defendants
and the defendants failed to do the required due diligence expected of
purchasers of land in Ghana.
29.The plaintiff state that unless compelled by this Honourable Court, the
defendants will not desist from trespassing unto their family land.
30.WHEREFORE the plaintiff claim per the endorsement on the writ of
summons as follows:
Declaration of titles and recovery of possession:
a) to all that piece or parcel of land situate, lying and being at Aworworso
in the Eastern Region of the Republic of Ghana and bounded on the
North by the vendor’s house, on the South by Asesewa – Aworworso
motor road, on the East by Georgetse Sackitey Okoter’s property and on
the West by Ahulu’s property covering an appropriate area of 1.83 acres
which piece of land is more particularly delineated on the plan attached
hereto and thereon shewn edged pink which shows the relevant
measurements.
b) to all that piece or parcel of land measuring 100 X 92 feet situate, lying
and being at Dorm – Aworworso in the Eastern Region of the Republic of
Ghana and bounded on the top by Alayabani’s property, on the bottom
by the vendor’s personal property, on the left by Mr. Okumi Kofi’s
property and on the right by Mr. Abraham Sackitey Okoter’s property.

DATED AT AMOAKO ADJEI LAW CONSULT, KOFORIDUA THIS 18 TH DAY OF

AUGUST, 2023

SULEMAN MUSAH ESQ.

AMOAKO ADJEI LAW CONSULT
LICENCE NO: eESR01520/23
LAWYERS FOR PLAINTIFF

THE REGISTRAR
HIGH COURT
KOFORIDUA

AND FOR SERVICE ON THE WITHIN-NAMED DEFENDANTS.