ADOMTHAR INDUSTRIES LTD & ANOR VS THE REGISTERED TRUSTEES, VICTORY BIBLE CHIRCH & ANOR
February 8, 2024
HIGH COURT
GHANA
CORAM
- JUSTICE ABENA A. OPPONG
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
- Equity and Trusts
February 8, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This Ghana High Court land dispute concerns Baah Yard in Awoshie, Accra, historically part of the late C. C. K. Baah’s estate. Adomthar Timber Ltd (1st Plaintiff) claimed it entered in 1983 as a tenant and in 1992 leased a warehouse, later extending its tenure and constructing structures, with a 2012 lease signed by Charles Cantamanto Baah Jr. and Harriet Morrison covering about 0.47 acres. The 2nd Plaintiff asserted a 2014 assignment. Registered Trustees of Victory (1st Defendant), a church, allegedly trespassed after purchase talks stalled; Defendants countered that four co‑administrators jointly controlled the estate, rendering the 2012 lease defective and seeking declarations, injunction, mesne profits, and a refund of compensation. The Court held the Plaintiffs lacked valid title, citing inconsistencies in the lease documents and the requirement that multiple administrators act jointly, and found recovery of possession by the Defendants legitimate. It dismissed the fraud allegation against 1st Defendant, denied mesne profits and compensation recovery for Defendants’ lack of capacity, granted injunctive relief, and awarded general damages and costs against the 2nd Plaintiff.
The fact that the disputed land originally belonged to the late C. C. K. Baah is not in dispute.
It is also not in doubt that C. C. K. Baah died in the year 1972, following which there was protracted litigation over his estate.
The 1st Plaintiff claims to have entered a portion of Baah Yard land in 1983 as a tenant.
In 1992, it entered into an agreement with Charles Baah (son of C. C. K. Baah) for the rent of a warehouse for a period of five years.
The said lease was extended for a further 15 year period.
It reconstructed the warehouse and also constructed 11 stores and a wholesale on the land.
It rented out some of the shops and also operated its wood, hardware and Sawn Mill business on the land.
In August 2001, it obtained an extension of the lease and also a grant of an adjoining land from the administrator of the estate of C. C. K. Baah.
A lease to effectuate the 2001 lease was executed for him in 2012 but it had been in possession of the land since its acquisition in 1992 and 2001 respectively.
It is the case of the 1st Plaintiff that it was paid compensation by the government when the stores and warehouse it constructed on the land were affected by the construction of the Awoshie- Pokuasi road but continued to occupy the remainder of the land which was about 0. 47 acres and was in occupation before the 1st Defendant commenced its church activities and the 1st Defendant even purchased wood from the 1st Plaintiff.
The 1st Defendant then offered to purchase the 1st Plaintiff’s land but the negotiations stalled.
However, without its leave, the Defendants trespassed on its land and destroyed the structures it had on the land and despite repeated warnings, the Defendants continue to perpetuate their illegal activities.
The 1st Plaintiff claims the following reliefs: 1. Declaration of Title to all that piece or parcel of land lying situate and being at Awoshie Accra and bounded on the North-East by Lessor's land measuring 150' feet more or less, on the (sic) with a degree of 129 feet more or less, on the South-East by Lessor's land measuring 110' with a degree of 225. 0 feet more or less, and on the South-West by Road land measuring 160' with a degree of 296. 20 feet more or less, on the North-West by Lessor's land measuring 140° with the degree of 40. 0 feet more or less, and containing an approximate area of 0. 47 Acres or 0. 19 hectare more or less.
2. General damages for trespass.
3. Perpetual injunction retraining the Defendants, their