ABRAHAM NMAI ADJEI VS EDWIN ADDO QUAYE
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The dispute centered on a piece of land in Okpoi Gonno, Accra, claimed by both the plaintiff and the defendant, each asserting grants from the Tsie We family. The court examined evidence including land certificates, leases, and testimonies from both parties and their witnesses. The court-appointed surveyor's composite plan revealed that the land claimed by the defendant in his certificate was different from the land in dispute. The court found in favor of the plaintiff, granting him recovery of possession, damages, and an injunction against the defendant. The defendant's counterclaims were dismissed on the basis that his certificate covered a different parcel of land, not the one in dispute.
Plaintiff’s Case By a writ of summons issued on 19th May 2016, the plaintiff claimed the following reliefs against the defendant: i. Recovery of possession of all that piece or parcel of land situate at Okpoi Gonno – Accra covering an approximate area of 0. 329 acre and bounded on the North by a proposed road measuring 79. 5 feet more or less, on the East by Tsie We family land measuring 184. 0 feet more or less, on the South by Tsie We family land measuring 74. 5 feet more or less and on the West by Tsie We family land measuring 189. 0 feet more or less which land was leased to the plaintiff by the Tsie We family.
Damages for trespass to the land described above.
Perpetual injunction restraining the defendant, his workmen, servants, agents, assigns and anybody claiming through him from further trespassing on the land in dispute.
The plaintiff describes himself as a member of the Tsie We family which owns a large tract of land situate at Teshie, Accra.
The family has registered its land and acquired a Land Title Certificate with number GA 14112. The family granted him a portion of the land in January 2008 and he immediately went into possession of the land by clearing it, erecting corner pillars and depositing sand and stones on it.
He then presented his documents at the Registration Division of the Lands Commission but he was later informed that the defendant has also submitted an application for registration in respect of the same land.
It is the plaintiff’s case that no adjudication has been made by the Lands Commission in respect of the multiple request for registration.
The plaintiff asserts that the Tsie We family has not made any grant to the defendant in respect of the land in dispute and this is further confirmed by searches he made at the Lands Commission.
The defendant has however trespassed on the land and is developing it despite protestations from the plaintiff and the defendant will not stop his activities unless ordered by the court.
The plaintiff therefore brought this present action to enforce his rights.
The Defendant’s Case In an amended statement of defence filed by the defendant on 7th March 2017, the defendant denied the entire claim of the plaintiff and rather asserted that he is the rightful owner of the land in dispute after having validly acquired it from one Shadrack Adjei Boye, a member of the Tsie We family who also acquired it from the Tsie We family around 1998. His grantor prepared a deed of assignment in his favo