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ANTHONY ATTA POKU VS KOJO DORBOR & ORS

June 6, 2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE K. A. GYIMAH

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law
  • Tort Law

AI Generated Summary

This High Court land dispute concerns Plot No. 626, East Legon, Accra. Anthony Atta Poku, holding a 1988 state lease and a 1988 Accra City Council building permit, sued after discovering structures erected and occupied by the defendants. The 3rd defendant traced possession to his late mother’s acquisition from Esther Amorkor Nortey and, after her death in 1995, completed the building and installed the 1st defendant as caretaker, later seeking regularization at the Lands Commission. The court confirmed the land as State property, validating only state grants, so the plaintiff’s lease was lawful while the 3rd defendant’s asserted root of title was not. Nonetheless, applying section 10 of the Limitation Act, the court found the 3rd defendant’s continuous, open occupation since 1995 established adverse possession, extinguishing the plaintiff’s title over the 0.16-acre portion built upon, granting the 3rd defendant possessory title to that portion, and declaring the plaintiff owner of the remaining land. Injunctive relief issued accordingly, with no order as to costs.

JUDGMENT