BABA GAMBO BAAKO vs PRINCE ARMAH & 2 ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ALEXANDER OSEI TUTU, J.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a protracted land dispute over a 1.23-acre land in Sabon Zongo with the Plaintiff seeking declarations and reliefs against the Defendants. The Plaintiff, administering his late father's estate, claims ownership of the land and sought redress following the demolition of structures by the Second Defendant. The First Defendant and the Second Defendant counterclaimed, asserting the land was government-acquired but failed to produce requisite evidence such as the E.I. 131 of 1963. The court held that the Plaintiff established a strong case for ownership, dismissed the counterclaims and declared the demolition unlawful, entitling the Plaintiff to his reliefs, including declarations of ownership and injunctions against the Defendants.
It is a sad commentary for our judicial system that an unsophisticated case such as this should drag in |Court for more than two decades.
I could count at least eight Judges from the records who have handled the suit.
At last, the matter is coming to an end today at the trial Court.
In the Amended Statement of Claim and Writ of Summons filed on 30th October, 2008, the Plaintiff sought for the following reliefs: “a. A Declaration of title to the piece of land at Sabon Zongo measuring an approximate area of 1. 23acres bounded on the North-east by a proposed road measuring 185 feet more or less, on the South-West by a proposed road measuring 170 feet more or less, on the North West by the vendor’s land measuring 180 feet and 120 feet respectively more or less and on the South East by the vendor’s land measuring 175 feet more or less.
b. A Declaration that the purported acquisition of the said piece of land by the Second Defendant is null and void for compliance (SIC) with its regulations.
c. An Order of the Court for the recovery of possession by the Plaintiff from the Defendant for any portion they had trespassed upon.
d. Perpetual Injunction restraining the Defendants, their agents, assigns, workmen from dealing with the Plaintiff’s land contrary to his interest. THE CASE OF THE PLAINTIFF The Plaintiff is the son of the late Malam Saadu Baako who died on 24th September, 1997. He instituted this action as the administrator of his late father’s estate, having been granted Letters of Administration by an Accra High Court on 14th July, 1999. It is his case that the Chief of Sabon Zongo and head of the Malam Bako Family by name Mallam Lawan Baako in the 1950’s customarily granted a piece or parcel of land to his late father until in 1979 when a Deed of Conveyance was registered as No. 343/1081 in his name.
Apparently, Malam Bako had customarily been granted the Sabon Zongo lands in 1908. According to the Plaintiff, some time ago, the First Defendant’s father trespassed unto the land and sold it to one J. T. Ayenor who was a Deputy Police Commissioner (DCOP) and his father sued him in 1977 in Suit No. 328/77 titled Malam Lawan Baako V. J. T. Ayenor.
The father of the First Defendant joined the suit, but the matter was abandoned when the docket could not be traced.
Prior to that, J. T. Ayenor had renounced his interest in the portion of the land sold to him by the First Defendant’s father and removed all his materials deposited on the land.
The Plaintiff