ABDEL RAHMAN TOURE VS AUGUSTUS ABEIKU BREW
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff issued a writ seeking a declaration of title to land which the defendant disputed, claiming the land belonged to third parties. The defendant discovered that the land was registered to Maxwell and Afia Oppong. Subsequently, the defendant filed for the writ to be struck out as frivolous and an abuse of court process. The court granted the defendant’s application, ruling that the writ was frivolous since the plaintiff could not claim ownership over land registered to others and that it would be contrary to the process of the court to continue the action.
This is a motion on notice filed by the defendant/applicant herein praying for an order to strike out the writ of summons and statement of claim. The basis of the defendant/applicants’ prayer can be found in paragraphs 4, 5, 6 to 13 of the affidavit in support filed on 18/3/16 as follows:
“4. That on the 11th June, 2015, the Plaintiff in the above-captioned case issued a writ in this Honourable Court against me for a declaration of title to a piece of land in Amanfrom, near Pokuase in the Greater Accra region of Ghana.
That I entered a vigorous defence in the matter as a matter of course because I had purchased some plots of land in Amanfrom in 2004 and since then have been subjected to undue harassment by interlopers, land guards, and certain unscrupulous persons including the Plaintiff and his assigns.
That subsequent to the filing of my initial defence, I conducted a search at the Land Title Registry of the Lands Commission and discovered that the land in question belonged to Maxwell Oppong and Afia Oppong and was duly registered with Land Certificate number GA48009. A copy of the Land Title Certificate is attached as Exhibit 1.
That accordingly, the Plaintiff’s application to register the land has been terminated by the Land Title Registry and the parcel plan has been “DELETED” to the extent to which it affects “(Maxwell Oppong and Afia Oppong)” who have now been confirmed as the true owners of the disputed land.
That in the premises, it is abundantly clear that both the Plaintiff and Defendant herein have assumed the posture of the proverbial partridges fighting over someone’s land.
That I am advised and verily believe the same to be true that no action can be sustained against me by the Plaintiff in this matter because his grantors cannot legally convey any interest in the disputed land to him.
That the instant action instituted by the plaintiff is in bad faith and indicates the plaintiff ignored clear indications from the Land Title Registry that the land is registered in another person’s name.”
The defendant/applicant appeared in person and moved his application pursuant to order 11 Rule 18 (1) (b) and (d). According to him, the writ and the statement of claim is an attempt to involve him in a matter that he has no interest in. He pointed out that the lawyer for the plaintiff has a duty to investigate any statements or instructions given to him by his client before issuing the writ against him; if he had exercised due diligence, this case w