ATTAH BEMPAH v. DANIEL AGYAPONG
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Areas of Law
- Property Law
- Civil Procedure
- Evidence Law
- Customary Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court found in favor of the plaintiff, granting a declaration of title to the disputed land, recovery of possession, recovery of rent sums with interest, and a perpetual injunction against the defendant. The court also ordered the plaintiff to refund the value of the building erected by the defendant, awarded general damages, and costs of litigation. The defendant's counterclaims were dismissed, and the court emphasized the principles of burden of proof, customary gift of land, and estoppel by conduct.
JUDGMENT
Plaintiff in a writ issued on the 22/7/2009 sought the following reliefs:
a. Declaration of title to all that piece or parcel of land containing an area of 0.32 acres more or less lying being and situate at North Gbawe, Accra that is known and called Plots Nos 202 and 204 (Sector B) that is bounded on the north by Plot Nos 201 and 203 measuring on that side 140 feet more or less and on the east by plots 206 measuring on that side 100 feet more or less and on the south by a proposed road measuring on that side 110 feet more or less and on the south west and on the west by a proposed road measuring on that side 115 feet more or less which piece and parcel of land is delineated and marked with red on the site plan dated 31/07/96 attached to the indenture
b. A further declaration that the defendant’s action of erecting a building on the said land without the plaintiff’s permission or consent amounts to trespass on same.
c. Recovery of possession from the defendant of the portion of the said parcel of land trespassed on by the defendant.
d. Recovery from the defendant the sum of Gh¢3.600.00 plus interest from the date defendant received same from the said tenants till date of final payment being advance for rent paid by tenants to the defendant in respect of stores they occupy on the said land.
e. Damages against the defendant for trespass.
f. Perpetual injunction restraining the defendant, his agents, assigns workmen or any person claiming by, through or for the defendant from entering, building on, or interfering in any way with the plaintiff’s use, quiet enjoyment and possession of the piece or parcel of land the subject matter of this suit.
The thirteen paragraphed statement of claim that accompanied the writ can be summarized as follows: that by means of an indenture between the plaintiff and one Nii Adam Quartey, of the Gbawe Kwatei family he acquired two plots of land. Defendant who was once a friend of the plaintiff has without his consent erected a building on a portion of the land and has also collected an amount of Gh¢3.600 from the tenants of the plaintiff.
According to the Plaintiff as he is ordinarily resident outside Ghana he made the defendant his supervisor and caretaker only for him to visit Ghana in one of his visits in 2008 to find out that the defendant has erected another building beside that of his own on a portion of the land as his personal property. After confronting the defendant he agreed to vacate the building he h