ABENA APEMASU v. ANANE SEMEGLO & 3 ORS
2016
HIGH COURT
GHANA
CORAM
- GEORGINA MENSAH-DATSA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case was a dispute over the ownership of a piece of land near Accra, claimed by both the plaintiff and the 1st defendant through grants from different members of the 2nd defendant family. The court struck out the plaintiff's action for lack of capacity due to a defective Power of Attorney. Both 1st and 2nd defendants' counterclaims for title declaration were dismissed. The court found inconsistencies in the 1st defendant's evidence and questioned the conflicting claims within the 2nd defendant family. No costs were awarded since ownership of the land remained undetermined.
JUDGMENT
This is not a Financial and Economic Crimes case. I exercise jurisdiction in this case pursuant to an Order of Transfer dated 23rd February, 2015, transferring this part heard case to me.
In the final amended Statement of Claim, filed on the 18/11/2009, the plaintiff claims against the defendants the following reliefs:
A declaration that the Plaintiff is the owner of all that piece or parcel of land situate and lying at Adenta near Accra and bounded on the North by vendors land measuring 150 feet more or less on the south by vendor’s land measuring 150 feet more or less on the west by Accra to Aburi road measuring 100 feet more or less on the East by vendor’s land measuring 100 feet more or less and containing an approximate area of 0.35 of an acre.
Recovery of possession.
Perpetual injunction restraining the 1st Defendant either by himself, agents, assigns, privies and anyone save the Plaintiff from asserting any interest, rights, title or ownership to the land.
General damages for trespass against the 1st Defendant.
An order setting aside the Land Certificate of Provisional Land Certificate obtained on the grounds of fraud on the part of the 1st and 2nd defendants and on mistake by the 3rd defendant.
Costs.
Any other reliefs that this Honourable Court may deem just and equitable.”
The 1st defendant counterclaimed as follows:
Declaration of title of all that piece or parcel of land situate and lying being at Adenta near Accra and bounded on the north by vendors land measuring 150 feet more or less on the West by Accra to Aburi Road measuring 100 feet more or less and containing an approximate area of 0.35 of an acre.
Perpetual injunction against the Plaintiff, her assigns, privies and successors in title from entering onto the said land or doing anything or causing anything to be done thereon which is inconsistent with the ownership or possessory right of the Defendant.
General damages for trespass.
Recovery of possession.
Costs.”
The 2nd defendant, also, counterclaimed as follows:
The declaration of title to all that piece of land situate and lying at Adenta measuring 150 feet more or less on the South measuring 150 feet more or less on the West measuring 100 feet or more or less on the East measuring 100 feet more or less containing an approximate area of 3.35 of an acre.
A declaration that the purported sale of the aforesaid land by the Agbawe Family of La to the Plaintiff and 1st Defendant is null and void.
Perpetual injunc