AFUA FREMA v. AGYEMAN @ KEKE & ANOR
2015
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, J.A. (PRESIDING)
- GYAESAYOR, J.A.
- G. TORKORNOO (MRS), J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff filed a writ in the High Court claiming ownership of a parcel of land and seeking to prevent the defendants from interfering with her property. The trial court ruled in favor of the plaintiff. The first defendant appealed, arguing that the judgment was against the weight of evidence. The appellate court dismissed the appeal, affirming the trial court's decision, as the defendant failed to demonstrate any lapses in the trial court's judgment.
GYAESAYOR, JA
The plaintiff/respondent through her lawful attorney Yaw Opoku issued a writ in the High Court, Accra on the 10th of July, 2009 claiming:
1. Declaration of title to all that parcel of land lying and situate at Ofankor , Accra measuring 0.16 acres bounded on the north by le ssor’s property measuring 100 feet more or less on the east by a proposed road measuring 70 feet more or less on the south by lessor’s property measuring 70 feet more or less and on the west by lessors property measuring 70 feet more or less.
2. General damages for trespass
3. An order of perpetual injunction to restrain the two defendants themselves their agents and or third parties or privies from interfering with plaintiff’s quiet enjoyment of her property.
This writ was issued against the two defendants. In the accompanying statement of claim, the plaintiff/respondent who shall simply be described as plaintiff in this appeal has averred that she did not know the 1st defendant but knew the 2nd defendant who had been her husband in a marriage which had collapsed at the time the writ was issued.
According to the plaintiff, she acquired the piece of land in the year 2003 for valuable consideration but gave the documents to the 2nd defendant who was then her husband to keep. Subsequent to the purchase of the land she brought substantial amount of money to her lawful attorney who is her biological brother to put up a four (4) bedroom structure for her. She managed to construct the foundation to footing level but found in 2009 that someone had gone to deposit blocks on the land. Her enquiries revealed that it was the 1st defendant who claimed to have bought the land from the 2nd defendant who had deposited the blocks there. She therefore issued the writ claiming that the 2nd defendant lacked capacity to sell the land and also sought an injunction to stop the two defendants from interfering with her rights of ownership of the land.
The 1st defendant entered appearance to the writ and filed a statement of defence. In his defence, the 1st defendant admitted and claimed ownership of the land having bought it from 2nd defendant at the cost of 6,000 US dollars. He denied it was plaintiff who put up the foundation and that on the contrary it was his grantor the 2nd defendant who did. He admitted that he put the blocks on the land as alleged by the plaintiff.
In her reply, plaintiff maintained that she is the owner of the land and urged upon the court to strike out the defe