CHUIM TAWIAH FAMILY VS AKOSUA ADDAI & ANOR
December 22, 2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
December 22, 2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment by Justice Kwabena Asuman‑Adu concerns a land dispute over a 0.40‑acre parcel at Odorkor‑Tsuim, Accra. The plaintiff’s title derived from a 15 October 1917 Deed of Gift from Asere Mantse D. P. Hammond to their ancestor, Nii Tsuim Tawiah, and was supported by long possession and documentary evidence, including Exhibit A (Deed of Gift) and Exhibit B(1) (composite plan). Defendants entered appearance but filed no defence; default judgment was granted and, despite service of hearing notices, they did not attend, so the case proceeded. A Lands Commission search linked the 1st defendant’s registration to a conveyance by Amah Cabblah, who is not part of the family. Applying principles on service, unchallenged evidence, and the burden for declaratory title, the court declared title, granted recovery of possession and a perpetual injunction, awarded GH₵20,000 damages for trespass, ordered expungement of the 1st defendant’s registration, and assessed costs at GH₵10,000.
The plaintiff commenced the instant action on 19th March, 2015 by filing writ of summons and statement of claim against defendants. However, pursuant to an order of this court, the plaintiff filed an amended writ of summons on 4th August, 2016 claiming as follows:
A declaration of title to all that piece or parcel of land situate, lying and being at Odorkor-Tsuim, Accra, containing an approximate area of 0.40 acre and more particularly described in the statement of claim.
Damages for trespass.
Recovery of possession.
Perpetual injunction to restrain defendants, their servants, agents, assigns and workmen from entering on or dealing with the land in any manner whatsoever.
An order that the registration of the land in the name of 1st defendant be expunged and be registered in the name of the plaintiff.
Defendants earlier on entered appearance but refused to file their statement of defence, so the plaintiff filed a motion on notice for interlocutory judgment in default of defence, which was accordingly granted on 23rd March, 2016, and the case adjourned for the plaintiff to prove his title and for assessment of damages.
After a series of adjournments, the case was adjourned to 24th November, 2016 for hearing, and a hearing notice was ordered to be served on the defendants. In spite of the defendants being served with the hearing notice, they neither filed their statement of defence nor came to court for the hearing of the case.
In view of that, the plaintiff commenced his evidence-in-chief, which he did not complete. The case was as a result adjourned to 13th December, 2016 for continuation, and a hearing notice was ordered to be served on the defendants.
Even though the hearing notice was accordingly served on the defendants, they neither filed their statement of defence nor came to court, so the plaintiff completed his evidence-in-chief on that day, and the case was adjourned to today for judgment.
Plaintiff’s case is that per a Deed of Gift dated 15th October, 1917, the Asere Mantse, D. P. Hammond granted to Nii Tsuim Tawiah all that piece or parcel of land situate, lying and being at Odorkor Tsuim Owulaman, Accra, and bounded on the North by Basel Mission land, on the South by Lalaifio’s property, now the new Winneba Road intersection, on the East by the Kwashieman Ablekuma Road (old road) passing near Mount Calvary Cross Church and forming T-junction with Accra Winneba Road, and on the West by Gbawe people village starting from t