Try asking the following...
Try asking the following...
June 28, 2023
DISTRICT COURT
GHANA
CORAM
JUDMENT
The plaintiff sued for declaration of title and ownership of all that parcel of land lying
and situated on the western part of Kpanyasi between Gbungbaliga and Kpayansi and
surrounded by the shrine called Chenye, recovery of possession, damages for trespass
and perpetual injunction against the defendant. The defendant pleaded not liable to
all reliefs sought by plaintiff.
In his summary of evidence filed on 7th November 2022, plaintiff traced ownership of
the land in Kpayansi within which the disputed land lies to his family through their
great grandfather Bakinaabe Limpu Damako and the defendant as a settler who got
a grant of a part of this land from one of their family head called Limpu Damko
Abdulai, who after consulting his family members gave out the land to him with a
condition that if anyone of them wanted the land to farm on, defendant will return it
to the grantor. He said the land given to defendant was a portion of what plaintiff’s
deceased family member, Limpu Damko Issahaku was farming on who died in 2012.
Plaintiff concluded his statement of claim saying it was defendant’s refusal to give
back this land to his family upon negotiated demands that compelled him to take this
court action.
In paragraph 13 of his witness statement filed on 12
th December 2022, plaintiff said it
was defendant’s father, Balimor, who got the land from his (plaintiff’s) grandfather
called Bakinaane Limpo Damako after consultation with his family members. He says
after this grant, defendant’s father and plaintiff’s family members became adjoining
farm owners and it was so until defendant’s father passed on and defendant and his
siblings have continued cultivation of the land; paragraph 18 refereed.
Then in paragraph 20 of his witness statement, plaintiff said his father granted
defendant a portion of their late family member, Limpo Issahaku’s land to defendant.
He said this year (2022) when he came of age and needed land to make his own farm,
he approached his father and the latter called the defendant and told him to release
the Iate Issahaku’s land to plaintiff but defendant refused, leading to this court action.
From the plaintiff’s summary of claim and witness statement, there is consistency save
that in the former, he said defendant was given late Issahaku’s land with a condition
that he will have to release it when it was needed by his grantor. In his witness
statement this portion was not repeated. So, the plaintiff’s cla
AI Generated Summary
Plaintiff, a member of the Wumbee Bakinaane family of Kpayansi, sued to declare title to land in the western part of Kpanyasi between Gbungbaliga and Kpayansi near the Chenye shrine, recover possession, damages for trespass, and an injunction against Defendant. The court found that Plaintiff’s family holds the land title and decades ago granted the disputed parcel to Defendant’s father by customary grant, evidenced by customary drinks and ongoing annual contributions for shrine rituals. Although Plaintiff framed the dispute as concerning a portion of late Limpo Damko Issahaku’s farmland, testimony and cross‑examination showed he sought to reclaim the parcel granted to Defendant’s father. Under the Land Act, 2020 (Act 1036), settlers granted land acquire an inheritable, alienable usufruct. Invoking Atta Panyin v Asani II, the court held an allodial owner cannot interfere with a usufruct. Plaintiff’s claims for possession, trespass damages, and injunction failed; title remains with his family, and costs were declined to preserve neighbourly relations.