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
2012
HIGH COURT
GHANA
CORAM
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.
I deem it necessary to mention that the instant action was instituted against two defendants but plaintiff, in the course of this proceedings, discontinued the action against the first defendant. In effect this action was fought between the plaintiff and second defendant and for purposes of this judgment I will refer to second defendant simply as defendant.
The plaintiff is an educational institution created by statute, that is, Polytechnics Act, 2007 (Act 745). Before the creation of Accra Polytechnic, it used to be Accra Technical Institute.
By operation of law, all assets and liabilities of Accra technical institute devolved on Accra Polytechnic.
On or about 6th September 1960, per Exhibit ’A’, a Certificate of Allocation, the Government of Ghana acting per its lawful agent the then Lands Department confirmed by way of certifying the allocation of land the size of which was 2.55 acres to the Ministry of Education as a site for staff housing for Accra Technical Institute.
It appears that portions of this land was developed into bungalows for the staff of plaintiff. However, in 2004 plaintiff embarked upon not only rehabilitation of the facilities on the land but also construction of fence wall to prevent encroachment.
It was then that plaintiff claims it discovered that defendant was carrying out her business as a restaurant and drinking bar operator on a portion of the land.
Consequently, plaintiff wrote a letter dated 5th October 2004, Exhibit ‘B’ in which defendant was informed that she had without the permission or consent of plaintiff encroached on portions of lands forming the Polytechnic properties and defendant was therefore requested to move out of the property on or before Friday, 5th November 2005.
To Exhibit ‘B’, defendant responded per Exhibit ‘C’ and for its full effect I crave indulgence to quote it in extenso.
“Dear Sir/Madam,
RE-ENCROACHMENT ON LAND
AT CANTONMENT
Your letter No. AP/SEC/APP/VOL 1 dated October
5th 2004 refers
I write this in response to the above quoted letter and wish to state that, it is true that I did not have your consent before going into occupation of your land in question.
Sir, I sought and obtained the consent of Mr. Addo who
is a member of your staff in the year 2001 when he was sick in
the house.
I am pleading with you to forgive me for not officially informing the appropriate authorities before going into occupation of the land.
I would be grateful if you could allow me to stay on the
land t