BENJAMIN KOFI ANNAN VS FUHUA ALUMINIUM AND BURGLAR PROOF
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a dispute over land ownership and alleged trespassing. The plaintiff acquired the land from a family, registered the title, and provided supporting documents. The defendant did not respond to legal actions, leading to an interlocutory judgment. The plaintiff provided evidence supporting his claim, and the court ruled in his favor, awarding damages for trespass and confirming the validity of his title.
The plaintiff, Benjamin Kofi Annan, issued a writ of summons against the defendant, Fuhua Aluminium & Burglar Proof for a declaration that the defendant had trespassed on to his land, an injunction restraining the defendant and his agents from interfering with the plaintiff’s land, damages for trespass and recovery of possession.
In the accompanying statement of claim, the plaintiff asserted that he acquired the land in dispute from Paul Aryeetey Tetteh, then Head of the Onamrokor Adain family acting with the consent and concurrence of the principal elders of the said family.
He claimed that he subsequently registered his title to the land as evidenced by Land Certificate number GA.
47198. He further claimed that the defendant had trespassed onto his land by conducting aluminium business on same.
He therefore prayed for the reliefs endorsed on his writ of summons.
The defendant was served with the writ of summons and statement of claim on 17th June 2015 and filed an entry of appearance on 26th June 2015. Thereafter, the plaintiff, on 28th July 2015, filed a motion on notice for judgment in default of defence.
The defendant was served with the said motion on 13th August 2015 but failed to file an affidavit in reaction.
Thus, interlocutory judgment was entered for the plaintiff on 19th August 2015. Having regard to the reliefs sought by the plaintiff, the Registrar was ordered to fix a date for the plaintiff to lead evidence in proof of his claim.
Subsequently, a hearing notice was served on the defendant on 5th November 2015. However the defendant failed to put in an appearance.
In the absence of the defendant, the plaintiff was called upon to lead evidence in proof of his claim.
In his testimony, the plaintiff stated that he was a building contractor, the defendant, on the other hand, was a Limited Liability Company.
He stated that he sued the defendant because it had trespassed onto his land located at Apenkwa, Tesano. He stated that he acquired the land in dispute from the Onamrokor Adain family acting through its Head, who was by then called Aryeetey Tetteh.
He claimed that upon receipt of an indenture from the Onamrokor Adain family, he proceeded to the Lands Commission where he was issued with a Land Certificate at the Land Title Registry.
He tendered the Land Certificate and the Indenture in evidence as exhibits A and A1. According to the plaintiff, the defendant started a company on the land in dispute and is currently manufacturing al