AKOSUA POKUAA v. AKOSUA POKUAA & 3ORS
2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2025
HIGH COURT OF JUSTICE
CORAM
AI Generated Summary
The Plaintiff sought a declaration of title and ownership, recovery of possession, an injunction, and damages for trespass against the Defendants over a disputed piece of land. The Defendants failed to respond or appear in court. The court proceeded with the trial, and it was determined that the Plaintiff did not provide sufficient documentary evidence or corroboration to establish a clear title to the land. The Plaintiff's claims were ultimately dismissed.
By her endorsement on her writ of summons and statement of claim dated 20th February, 2024, the Plaintiff is claiming the following reliefs against the Defendants.
a. An order for declaration of title and ownership to all that piece and parcel of land lying at Beposo-Lakeside, Ashanti bounded on the North by the Pemenase road, on the south by the land of Opanin Atta Fosu, on the east by the Beposo Post office and on the west by the property of Opanin Kwabena Dwomoh in favour of Akosua Birago's family of Beposo which currently the Defendants have trespassed upon and making adverse claims to same.
b. An order for the recovery of possession of the disputed land, in favour of
Akosua Birago's family of Beposo.
c. An order of perpetual injunction restraining the Defendants, their assigns, privies, agents, workmen, and all manner of persons acting by them from interfering with Plaintiff's ownership, enjoyment and possessory rights of the disputed land.
d. Damages for unlawful trespass
e. Any further order(s) this honourable Court may grant.
CERTIFIED TRUE COPY
REGISTRAR
NRISDICTION
In her testimony before this court, the Plaintiff/Attorney averred among others that, the Plaintiff who claim to be the immediate family head of the family of Akosua Birago @ Akosua Foda of Beposo Ashanti and also customary successor of one Ama Serwaa (deceased), brought the instant matter for both herself and on behalf of members of Akosua Birago's family of Beposo. The Plaintiff added that, the 1st Defendant is the niece and immediate family head of the family of Opanin Atta Fosu's family of Beposo, while the 2nd and 3rd Defendants are traders.
According to the Plaintiff, several years ago, Akosua Birago @Akosua Foda and Opanin Atta Fosu who were uterine siblings during their lifetime discovered and cultivated a piece and parcel of land at its virgin state at Beposo-Lakeside. After the discovery of the parcel of land, Akosua Birago @ Akosua Foda and Opanin Atta Fosu, the grandparents of the Plaintiff and 1st Defendant respectively, divided the land into two portions amongst themselves where they each built their separate houses on their respective portions, and thereafter, lived peacefully on their respective portions of the land without interference from each other.
Several years later, there was a huge rainstorm which destroyed both houses, the Plaintiff added. The Plaintiff averred that, the government in power at that time introduced a policy where they granted estate