CHRISTOPHER TORTO DJAN & ANOR VS NII OKPOTI TSURU & ANOR
2016
HIGH COURT
GHANA
CORAM
- EMMANUEL AMO YARTEY J.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs sought declarations of title, injunctions, damages, and costs related to two parcels of land. The Defendants initially responded but eventually failed to participate in key stages of the trial. The court procedurally proceeded in the Defendants' absence, ultimately ruling in favor of the Plaintiffs, affirming their claims, granting damages, and awarding costs.
Per their writ of summons dated the 15th day of August 2014, the Plaintiffs claim the following reliefs against the Defendants a. A declaration of title to all that piece or parcel of land situate and being at Ayimensah Agyimanti near Aburi in the Ga East District Assembly in the Greater Accra Region of the Republic of Ghana bounded on the North East by proposed road measuring 923. 7 feet more or less on the South East by proposed road measuring 1023. 0 feet more or less on the South West by lessor’s land measuring 101. 6, 342. 8, 8359. 1 and 153. 7 feet respectively more or less on the North West by lessor’s land measuring 900. 0 feet more or less covering an approximate area of 20. 311 acres or 8. 094 Hectares more or less which is more particularly delineated on the site plan and shewn edged Pink.
b. A declaration of title to all that piece or parcel of land situate and being at Ayimensa, Agyimanti near Aburi in the Ga East District Assembly in the Greater Accra Region of the Republic of Ghana bounded on the North East by proposed road measuring 394. 1 feet more or less on the South East by proposed road measuring 900. 0 feet more or less on the South West by lessor’s land measuring 200. 7, 102. 3 and 167. 2 feet respectively more or less on the North West by lessor’s land measuring 1, 116. 1 feet more or less covering an approximate area of 9. 565 acres or 3. 871 Hectares more or less which is more particularly delineated on the site plan and shewn edged pink.
c. Perpetual injunction restraining the Defendants, their agents, servants, licensees, lessees, workmen or persons whatsoever called from having any dealings with or on the said property.
d. General damages for trespass.
e. Special damages of GH¢50, 000. 00 being cost of constructing a wire mesh fence and planting of mango seedlings.
f. Recovery of possession.
g. Costs occasioned by this action.
On the service of the writ of summons and the attached statement of claim on the Defendants, they caused their lawyers to enter an appearance and also filed a statement of defence on their behalf.
At the application for directions stage the following issues were set down for trial.
1. Whether or not the 1st Plaintiff has been in possession of the disputed land since time immemorial.
2. Whether or not the 1st Plaintiff made a grant of the disputed land to 2nd Plaintiff by two separate Deeds of Lease dated 17th day of June 2013. 3. Whether or not the 2nd Plaintiff went into possession of the dis