ASSAD TSEGAH NASR & ANOR VS ABUBAKAR MIKAIL & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP WILLIAM APPIAH TWUMASI(J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs, claiming ownership of land in Accra, filed for declarations of title and other reliefs against the Defendants who trespassed on the land. Despite being served, the Defendants did not respond or appear in court. The court, after reviewing the evidence and applicable legal principles, found in favor of the Plaintiffs and granted the reliefs sought, including an injunction against the Defendants and damages for trespass.
According to the amended Statement of Claim accompanying the instant Writ of Summons filed on 13th September 2022, Plaintiffs state that they are the owners of separate portions of the subject land situate at La, Accra and lying behind Ghana International Trade Fair.
1st Plaintiff avers that he acquired his portion of the subject land in 2005 from his grandmother who also acquired hers from the East Dadekotopon Development Trust and took vacant possession upon making full payment for the land.
He stated that he has exercised acts of possession by erecting a gated fence wall around the land and deposited building materials on same.
The 1st Plaintiff states that he has since regularly cleared the land of weeds and bushes and additionally had some workers of the East Dadekotopon Development Trust keep an eye on the land.
The 2nd Plaintiff also states that his part of the land was acquired in 2010 from the East Dadekotopon Development Trust, and he was issued with an indenture dated 7th January 2010 to evidence the transfer.
The Plaintiffs state that they had both since their respective acquisitions, been in undisturbed occupation of their lands until their representatives met a group of men, led by 1st Defendant, trespassing on the subject land on 3rd September 2022. The Plaintiffs further claim that the group of men cleared the land with excavators despite the protests of the Plaintiffs’ representatives.
The Plaintiffs further state that the 1st Defendant, upon being queried, claimed that the land belonged to him following a court judgment which he failed to produce.
The 1st Defendant and his group only left the land after the representatives of the Plaintiffs reported the incident to the Police and brought them unto the land.
Upon these facts, the Plaintiffs claim against the Defendants jointly and severally for the following reliefs: 1. Declaration of title to a parcel of land situate lying and being at La, Accra behind Ghana International Trade Fair in paragraph 3 of the Statement of Claim.
2. Declaration of title to a parcel of land situate lying and being at La, Accra behind Ghana International Trade Fair and more particularly described in paragraph 9 of the Statement of Claim.
3. Perpetual injunction against the Defendants, their assigns, agents, and workmen from interfering or dealing with the land the subject matter of the dispute and from developing same or returning to same to conduct any development on same or from re-entering same for