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ACCRA POLYTECHNIC v. OLIVIA EJIMANDUS

2012

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP
  • JUSTICE ANTHONY OPPONG J

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Tort Law
  • Evidence Law

AI Generated Summary

This High Court judgment by Justice Anthony Oppong concerns Accra Polytechnic (created under Act 745) and Miss Olivia Ejimandus. Government allocation in 1960, evidenced by Exhibit A, gave the Institute land for staff housing. In 2004, while rehabilitating facilities and erecting a fence, Accra Polytechnic discovered Ejimandus was running a restaurant and bar on part of the land. The school demanded she vacate (Exhibit B); Ejimandus replied (Exhibit C) admitting she lacked consent, referencing staff member Mr. Addo, and asked to stay and pay dues. At trial, Ejimandus claimed familial title via the La Stool and raised laches/acquiescence based on alleged 18 years occupation and permanent structures. The court credited the plaintiffs consistent pleadings and evidence, discounted the defendants afterthought claim, found trespass over approximately 125 by 75 feet, dismissed the counterclaim, ordered recovery of possession, issued an injunction, and awarded GH800 damages plus GH200 costs.

JUDGMENT