ALHAJI MASSOUD MAIGA VS THEOPHILUS MENSAH & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around a land dispute where the plaintiff sought ownership and other reliefs against the defendants for trespassing. Despite multiple notices, the defendants failed to participate in the proceedings adequately, leading to their defence being struck out. The trial court accepted the unchallenged evidence presented by the plaintiff, confirming the plaintiff's ownership and granting the reliefs sought, including damages, demolition of structures, and an injunction against the defendants.
The plaintiff commenced the instant action on 18th December, 2012, by filing a writ of summons and statement of claim against the defendants for the following reliefs:
(i) A declaration of title in favour of the plaintiff for all that piece or parcel of land known, situate, being and lying at South Nmai-Dzorn, Tema Rural Area of the Greater Accra Region of the Republic of Ghana, containing an approximate area of 0.18 acres and bounded on the North East by Lessor’s Land measuring 101.3 feet more or less, on the South West by Lessor’s Land measuring 100.9 feet more or less, on the North West by Lessor’s Land measuring 60.1 feet more or less, on the South East by proposed road measuring 60.0 feet more or less, and more particularly described at paragraph 2 of the plaintiff’s statement of claim.
(ii) An order for recovery of possession of the land that is the subject matter of this suit from the defendants, particularly the 2nd defendant.
(iii) A declaration that the defendants have trespassed onto the plaintiff’s land described herein.
(iv) General damages in favour of the plaintiff for the trespass committed by the defendants on the plaintiff’s land.
(v) An order that the defendants demolish any and/or all structures constructed by the defendants, particularly the 2nd defendant, on the land.
(vi) An order directed at the defendants to defray all expenses incurred by the plaintiff for purposes of demolishing the structure(s) constructed by the 2nd defendant on the plaintiff’s land.
(vii) An order of perpetual injunction to restrain the defendants, whether by themselves, their servants, workmen, assigns, privies, associates, agents, or otherwise, from trespassing or otherwise undertaking any development, dealing with, or in any manner interfering with the plaintiff’s ownership rights over and possession of the land that is the subject matter of this suit.
(viii) Costs for prosecuting the present suit on a full indemnity basis.
The defendants entered appearance on 15th January, 2013, and filed their statement of defence denying the plaintiff's claim on 4th March, 2013. On 13th March, 2013, the plaintiff filed a reply to the defendants’ statement of defence, and on 16th April, 2013, he filed an application for directions raising the following issues:
i. Whether or not the plaintiff is the bona fide owner of all that piece or parcel of land situate and lying at South Nmai-Dzorn, Tema Rural Area of the Greater Accra Region, which land forms the subject m