DAVID AMON KOTEI VS CLAUDIA BOATENG & ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a dispute over a piece of land at Bawaleshie-Otele claimed by the Plaintiff who sought various legal remedies against the Defendants for unauthorized occupation and construction. The Defendants, particularly the 2nd and 4th Defendants, countered claiming long-term possession with valid historical grants and registration. The court ruled that the land was indeed at Bawaleshie-Otele and not Nungua New Town, and Nii Odai Ayiku IV lacked capacity to grant the land in 1975 due to being destooled. The Plaintiff's claim was found to be statute-barred under adverse possession laws as the Defendants had been in possession for over thirty years, leading to the rejection of the Plaintiff’s claims against the 2nd and 4th Defendants but success against the 1st and 5th Defendants. Possessory title and injunctions were granted accordingly.
Plaintiff’s Case By a writ of summons issued on 5th November 2013 which was subsequently amended on 13th March 2017, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land described in the schedule contained in paragraph 1 of the statement of claim.
Recovery of possession.
An order for the demolition of the structures erected by the defendants on the plaintiff’s land.
Damages for trespass.
v. Perpetual injunction restraining the defendants either by themselves or their assigns, agents or workmen from interfering with plaintiff’s quiet enjoyment of his land.
It is the plaintiff’s case that the land in dispute is situate at Bawaleshie-Otele and the Klanaa Quarter of La, of which he is a member, are the allodial owners of Bawaleshie-Otele lands as confirmed by various decisions of the courts including the Circuit Court judgment in the case entitled Nii Kotey Amli III v. Rebecca Kufour; Suit No. CCL/67/89 delivered on 31st January 1991. He asserts that on 1st September 2008, he was given a grant covering the land in dispute by the said Quarter acting through its head Nii Kotey Amli III.
The plaintiff asserts that without his authority and consent, the defendants, excluding the 3rd defendant, have entered his land and erected unauthorized structures on the land and all efforts to get the defendants off his land have proved futile.
The plaintiff asserts that the said defendants are trespassers and they have no intention of abating the said trespass unless compelled by the court hence the present action.
1st, 3rd and 5th Defendants The 1st and 5th defendants did not defend the action and as such interlocutory judgment was entered against them on 28th January 2014 and 16th June 2015 respectively.
The 3rd defendant, being the government institution responsible for the registration of titles to land and instruments affecting land, in its defence asserted that it was not claiming any interest in the land in dispute and that it will abide by any decision of the Court.
2nd and 4th Defendants’ Defence The 2nd and 4th defendants however defended the action.
They filed separate statements of defence but the thrust of their defence is similar.
It is their case that in the year 1975, the 2nd defendant acquired the land in dispute which is situate at Nungua New Town from the Nungua Stool acting through its chief Nii Odai Ayiku IV.
After acquiring the land, she entered into possession, depos