Benonia Okang v. Benjamin T. Saban & Or.
2015
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, (J.A.) - Presiding
- ADUAMA OSEI, (J.A.)
- SAEED, (J.A.)
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff brought an action against the defendants, asserting that the 1st defendant had unlawfully constructed a building on an open space within her property, designated for road expansion without proper permits, interfering with her access to the main road and privacy. The trial courts dismissed her claims, stating that the evidence did not support her assertions. On appeal, the Court of Appeal affirmed the lower courts' rulings, holding that the plaintiff failed to provide sufficient evidence to prove her claims, that the building was unlawful or improperly permitted, as she herself had admitted to not knowing specific responsibilities regarding road expansions, and had her own property without a permit.
MARIAMA OWUSU, J.A.: On 7-5-2013, the High Court, Land Division Accra, dismissed plaintiff’s claims against defendants as not proved and awarded cost of GH¢1,000.00 against the plaintiff in favour of the 1st defendant.
Dissatisfied with the decision of the court, the plaintiff appealed to the Court of Appeal on the following grounds:
a. The judgment is against the weight of evidence b. The trial Judge erred by deciding the case as though same was for declaration of title.
c. The trial Judge failed to determine real issues in controversy.
d. That the trial Judge erred importing extraneous matters into the decision.
e. Additional grounds will be filed upon receipt of the record of appeal.
The relief sought from the Court of Appeal is a reversal of the decision of the trial court or in the alternative to order a retrial of the suit.
Before dealing with the arguments canvassed in support and against this appeal, I will give a brief background of the case.
The plaintiff/appellant (hereinafter referred to as the plaintiff) issued a writ of summons against the defendants/respondents (hereinafter referred to as 1st and 2nd defendants) for the following reliefs:
1. A declaration that the construction of the 1st defendant’s property in the open space earmarked for road extension is unlawful and any grant made to him by whosoever is null and void since it does not conform to planning scheme of the area and no permit was granted by the 2nd defendant.
2. An order directed at the Ga East Municipal Assembly to perform its lawful duty by demolishing the 1st defendant’s property at its present site since it interferes with the planning scheme of the area.
3. An order for recovery of possession of the area of the plaintiff’s land measuring 3 feet by 100 feet and which land is trespassed upon by the 1st defendant who constructed a septic tank on same.
4. Perpetual injunction restraining the 1st defendant their agents, servants, workmen from entering the plaintiff’s land.
5. Damages for trespass unto plaintiff’s land left for flower garden.
In the 20 paragraph statement of claim which accompanied the plaintiff’s writ of summons, she averred that sometime in January 1979, all that piece and parcel of land described in paragraph 4 of her statement of claim measuring about 0.35 acres, and situate at Ablor-Adjei (Adenta Ajancote) was conveyed to one John Akrong Okang, Isaac Quaye Odartey and others in a Deed of Gift, which Deed was registered at the Land Regist