CEPHAS SOWAH AND ORS. VS LARTELE LARTEY & ANOR
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATIENCE MILLS-TETTEH (MRS.)
Areas of Law
- Property and Real Estate Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs initiated a suit to assert their title to a piece of land in North Teshie, Accra, claiming prior occupation from 1981 and disputing the legitimacy of the 1st defendant's title certificate issued in 2012. The 1st defendant argued her certificate conferred indefeasible title and alleged a prior judgment supported her claim. The court deliberated on issues of first occupation, validity and priority of land documents, and the implications of a previous judgment. Ultimately, the court favored the plaintiffs, recognizing their earlier possession and acts of ownership, canceling the defendant’s certificate, awarding damages, and issuing an injunction against the defendants.
Plaintiffs herein instituted this action on the 26th of February 2013 for the following reliefs:
1. Declaration of title for all that piece of land situate and lying at North Teshie, Accra, bounded on the north east by Assignor's land measuring 150 ft. more or less. On the south east by Assignor's land measuring 100 feet more or less, on the south west by Assignor's land measuring 150 feet more or less, on the north west by a proposed road measuring 100 feet more or less, and containing an approximate area of 0.34 Acre more or less, for a period of 99 years.
2. Cancellation of defendant's Land title certificate with no. GA 38354 dated the 13th day of April 2012.
3. Recovery of possession of the land described above.
4. Damages for trespass.
5. Perpetual injunction to restrain the defendants either individually or collectively and through their agents and assigns from entering onto the land described above or dealing with the land in any manner adverse to the plaintiff’s title.
This is a rival claim to the land in dispute; both the plaintiffs and the 1st defendant trace their root of title from the Tsiewe family, the same grantor vested with Kle Musum quarter land. Evidence seems to point to the fact that the plaintiffs were first in time to occupy the land in dispute. Their continuous occupation to date should favor their claim of title. The land was purchased by the brother of the 1st plaintiff, who is the father of the 2nd and 3rd plaintiffs but who is also deceased. The plaintiffs are therefore the administrators of the estate of the deceased Christopher Botwe. The 1st defendant, on the other hand, is a member of the Tsiewe family, whilst the 2nd defendant is an institution vested with the registration of lands.
According to the statement of claim attached to the writ, by a lease dated March 1981 and stamped as no. 536/1982 and made between Nii Nortey Adjeifio II, Ag head of the Kle Musum quarter of Teshie on one part and late Christopher Botwe on the other part, the land in dispute was leased for a period of 99 years. Till his demise in 1992, the late Christopher Botwe engaged in vegetable farming on the land and he is said to have built a fence wall around the land. According to the statement, after his death, his children continued to farm on the land and they gave a portion to a third party to run a nursery. It came to the notice of the plaintiffs, however, that the 2nd defendant has registered the land in the 1st defendant’s name with a