ANYARBOR SOLOMON v. NANA ATTAH FOSTER
March 10, 2023
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP ALHASSAN DRAMANI, ESQ
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
March 10, 2023
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
In the District Court, Anyarbor Solomon sought a declaration of title, recovery of possession, general damages, and costs over two plots in Kparekpare, alleging he acquired them from Nana Akwasi Atore (PW1) fifteen years earlier and had cleared and prepared the land to build. PW1 claimed to be Chief of Kparekpare and the grantor. The defendant, Nana Atta Foster, maintained the land belonged to the Etanga Owusu family, demonstrating long-standing, undisturbed possession and numerous grants to institutions, including a Presbyterian school, churches, mosques, and an MTN mast. A pivotal document, Exhibit A, showed the grantee as Anyabour K. Richard in December 2020, contradicting Solomons assertion and undermining his capacity. Finding PW1s testimony inconsistent and the defendants traditional history supported by recent acts of possession, the court dismissed Solomons claim for lack of capacity, declared title for the defendant, ordered recovery of possession, issued a perpetual injunction, and awarded damages and costs.
JUDGEMENT
The Plaintiff per his Writ of Summons issued from the registry of this Court dated 7th
April, 2022 claims against the Defendant the following reliefs:
i.Declaration of title to all that piece or parcel of land situate, lying and being at
Kparekpare and bounded on the North by property of Nyamba, on the South by
property of Gbeke Lukas, on the West by the main Kparekpare road and on the East
by property of Yaw Y.
ii.Recovery of possession.
iii.General damages
iv. Cost.
v. Any other order(s) as the Honourable Court may deem fit
The defendant pleaded not liable to the entire claim and per his amended Statement of
Defence dated 25th July, 2022 counterclaim as follows:
a. Declaration of title and recovery of possession of the disputed land
b. Perpetual injunction restraining the plaintiff, his agents, assigns, privies and all
persons claiming through him from interfering with the disputed land in any way
whatsoever.
c. Cost.
d. General damages for trespass.
e. Any other order(s) that the Honourable Court may deem fit.
CASE OF THE PLAINTIFF
The substance of Plaintiff’s claim per his pleadings and witness statement is that, fifteen
years ago he acquired the disputed land (two plots) from PW1. According to plaintiff he
cleared the land, deposited some building materials and moldered blocks on the land.
Plaintiff said in early 2022, he was in his house when some police officers came to inform
him that the defendant had reported to them that, he, (plaintiff) has sold the defendant’s
land to another person. Plaintiff stated that he was consequently arrested by the police
but was later granted bail.
The Plaintiff called his grantor, Nana Atore, as PW1. PW1 in his witness statement dated
25th May, 2022 indicated that he is the Chief of Kparekpare and that he and his elders
alienated the disputed land to the plaintiff. PW1 added that he alienated the land to the
defendant in his capacity as Chief of Kparekpare.
Thereafter the plaintiff brought his case to close.
DOCUMENTS EXHIBITED BY PLAINTIFF
1. Exhibit A- Receipt of building plot dated 13th December, 2020.
2. Exhibit B- Motion on Notice for Judicial Review and affidavit in support dated 23rd
June, 2015
3. Exhibit C- Extract from the National register of chiefs Volta Region.
4. Exhibit D- Coronation invitation card.
5. Exhibit E- A petition against the coronation of Nana Owusu Bedinyabe II
CASE OF THE DEFENDANT
The case of the defendant as can be discern from his