ADIZA MOHAMADU v. ALI ADAMU & 1 ORS

CECILIA SOWAH This an appeal against the judgment of the Circuit Court, Koforidua, dated 26th August 2013 by which the learned trial judge entered judgment for the plaintiff in respect of her claims for declaration of title to land and perpetual injunction restraining the defendant and his agents from entering the land in dispute.

The trial judge also awarded cost in the sum of GH₵2,000 in plaintiffs favour against the 2nd defendant.

1 A brief back ground to the events culminating in the appeal filed by the 2nd defendant is as follows: The plaintiff initially issued her writ of summons against the 1st Defendant on 27th September 2005 for declaration of title and perpetual injunction.

The 2nd defendant became a party when he applied and was joined to the suit on the ground that he had bought the land in dispute from the 1st defendant.

By an amended writ of summons filed on 15th October 2012, the plaintiff/respondent (hereinafter called the plaintiff) claimed against the 1st defendant and the 2nd defendant/appellant (hereinafter called the defendant/appellant) inter alia, declaration of title to the plot of land in dispute, damages for demolishing the building on the land, general damages for trespass and perpetual injunction restraining the defendants from entering the land in dispute.

The plaintiffs claim as per the accompanying statement of claim was that the land in dispute was the self-acquired property of her late husband Hamid Abdul Dababi (hereinafter referred to as ‘the deceased’) who died on 17th September 1998.

Her late husband was a Nigerien from Niger but had come to this country as a young man and lived here until his death.

They had been married for 39 years but they had no children together nor did he have any children of his own.

It was the case of the plaintiff that her deceased husband had started construction of a house on the land with her support, and upon his death the uncompleted property devolved on her.

1 According to the plaintiff, the 1st defendant who is a Nigerian had come to Ghana some 7 years after the death of her husband with the sole aim of claiming the property of the deceased and the 2nd defendant/appellant who was a Nigerian resident at Koforidua had provided 1st defendant with support.

She had been invited to the palace of the Wangara chief on a complaint lodged by the 1st defendant.

The 2nd defendant was present at that meeting.

She was informed that in accordance with Muslim system of inheritance, the land