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ANTHONY ATTA POKU VS KOJO DORBOR & ORS

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE K. A. GYIMAH

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

This case concerns a dispute over title to a plot of land in East Legon, Accra. The plaintiff claimed title based on a 1988 government lease, while the 3rd defendant counterclaimed based on inheritance and adverse possession. The court held that while the plaintiff had a valid grant from the state for the entire 0.47 acre plot, the 3rd defendant had acquired possessory title to a 0.16 acre portion through adverse possession for over 12 years. The court dismissed the plaintiff's claims against the 1st and 3rd defendants, granted the 3rd defendant possessory title to the 0.16 acre portion, and affirmed the plaintiff's title to the remaining portion. The case illustrates key principles of adverse possession in Ghanaian property law, including the 12-year statutory period, the requirement for open and visible possession, and that possessory title is limited to the specific area possessed. The court also emphasized that defenses like limitation must be specifically pleaded, and clarified that protest letters alone do not stop time from running for adverse possession claims.

JUDGMENT