ALBAR PHARMACY VS MARGARET DONKOR
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Tort Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Albar Pharmacy sued Margaret Donkor in the High Court for trespass, declaration of title, injunction, and demolition regarding Plot No. MC 13 at the Accra–Tema Motorway Industrial Area Extension. Albar’s title traced to a Lands Commission allocation letter (15 December 2006) and a Government of Ghana lease (1 June 2011), corroborated by an official search indicating a 1979 Executive Instrument acquiring the area for industrial use. Donkor admitted the plaintiff’s averments but counterclaimed title through a 14 May 2009 assignment from Daniel Osei Boateng, claiming through the Numo Nmashie family; she built a one-storey residence and pleaded bona fide purchaser without notice. The court found Albar established the land’s identity and title, and held Donkor failed to conduct prudent inquiries, rejecting her bona fide purchaser plea, dismissing the counterclaim, granting Albar’s reliefs, awarding GH¢3,000 damages and GH¢10,000 costs.
The Plaintiff, Albar Pharmacy, is a pharmaceutical company registered under the laws of Ghana while the Defendant is a Public Affairs Officer at Parliament House. The Plaintiff’s case is that by a lease dated 1st December, 2006, it acquired a parcel of land located at the Accra-Tema Motorway Industrial Area Extension, commonly referred to as Plot No. 13, from the President of the Republic of Ghana acting through the Lands Commission. Subsequently, it went into possession of the land by planting corner pillars to demarcate its boundaries. According to the Plaintiff, the Defendant has trespassed onto its land by putting up a residential building thereon although the area has been earmarked for commercial use. Plaintiff claims that Defendant will persist in her acts of trespass if not restrained by the Court and is therefore seeking the following reliefs against the Defendant; i. Declaration of title to all that piece or parcel of land known as plot no. MC 13 containing an approximate area of 1.37 acres situate at Accra-Tema Motorway Industrial Area Extension within the city of Accra in the Greater Accra Region of the Republic of Ghana and bounded on the North-East by Plot No. MC 14; on the South-East by South Industrial Boundary Road; on the South-West by Plot No. MC 12 and on the North-West by Plot No. 47 and 48 which piece of land is more particularly delineated on Plan No. LCS/GAR558/AC 9695 attached. An order of perpetual injunction restraining Defendant, her agents etc. from interfering with Plaintiff’s quiet enjoyment of the subject matter. An order that Defendant demolishes any structure(s) found on the subject matter and remove the debris therefrom OR in the alternative, the Plaintiff carries out the demolition and removal of debris and claim the expenses from the Defendant. General damages. The Defendant, Margaret Donkor, filed a statement of defence and counterclaim. In her statement of defence, she admitted the averments in the Plaintiff’s statement of claim. She however counterclaimed for declaration of title to the land in dispute on the grounds that the Numo Nmashie Family, from whom her vendor acquired his grant, were the rightful owners of the land in dispute and not the Government of Ghana as claimed by the Plaintiff. According to the Defendant, by a Deed of Assignment dated 14th May 2009, she acquired a parcel of land located at Okpoi Gonno-Accra from Daniel Osei Boateng who was a grantee of the Numo Nmashie Family. She claims that she took