BOBBY BEN QUARTEY V. ALFRED QUARCOO

JUDGMENT

Plaintiff, Bobby Ben Quartey, brought the present action to recover  land that he claimed defendants had encroached upon. In his  statement of claim, he asserted that he acquired the land in  dispute from one Madam Marnoo Bruce in 1979, put a caretaker  on the land and relocated from Accra to Takoradi. On a visit to  Accra, he discovered that the caretaker had died, defendants had  encroached on the land and were in the process of constructing a  building on it. Plaintiff therefore prayed for declaration of title to  the land in dispute, immediate ejection of defendants from the land  and an order of perpetual injunction against defendants. 

Subsequently, plaintiff brought an application for judgment in  default of appearance against the 2nd defendant only. In the  affidavit in support of the application for default judgment, he  claimed that the 2nd defendant had failed to file a defence although  a search conducted at the court’s registry, which he attached as  exhibit B, c…