DIANA DARKO v. CHRISTŃ KOBINA SAMpson, OBED DANQUAH AND LANDS COMMISSION

The Plaintiff on the 22nd day of July 2022 caused a Writ of Summons to be issued

against the Defendant herein and claimed for the following reliefs:

a. Declaration of title to all that piece or parcel of land known as plot number 221 Block

A Odupongkpehe Section 23, Kasoa with building thereon numbered H/NO BD 43/23

b. A further declaration that the registration of 1st and 2nd defendants documents by the

3rd Defendant which touches and affects Plaintiff’s land is null and void.

c. An order directed at the 3rd Defendant to expunge from its records any

transaction/documents affecting or touching the land described at relief (a) above which is

in favour of the 1st and 2nd Defendants.

d. A further order compelling the 3rd Defendant to register the Plaintiff as the owner of

the land described at relief (a) above.

e. An order of perpetual injunction restraining the 1st and 2nd Defendants from having

anything to do with the land in issue.

f. Costs

THE CASE OF THE PLAINTIFF

The Plaintiff contends that she is the owner of plot number 221 Block A

Odupongkpehe Section 23, Kasoa with building thereon numbered H/NO BD

43/23. According to the Plaintiff, the 1st and 2nd Defendants are persons whose

names have been erroneously registered by the 3rd Defendant in respect of her

land, plot number 221 Block A Odupongkpehe Section 23, Kasoa.

The Plaintiff avers that the 3rd Defendant is a statutory body charged with a

mandate to among other things to register deeds and instruments that affect land

throughout the country.

The Plaintiff avers that she acquired the said parcel of land in the year 2007 from

one Mr Amedekanya at the cost of GH¢ 6,000.00. The Plaintiff further says that

her grantor only gave her a site plan and promised to execute a deed transferring

his interest to her but sadly died shortly thereafter.

According to the Plaintiff, she was put in vacant possession of the land before the

death of her grantor and she began constructing her house in the same year

(2007) without any let or hindrance from any quarters including the Defendants.

Furthermore, the Plaintiff contends that she completed the construction of her

house in the year 2008 and moved in with her family. According to the Plaintiff,

since 2007 to date, she has remained in peaceful possession and occupation of the

land in issue without any let or hindrance.

The Plaintiff contends that she sought to register her interest in the land recently

with the 3rd Defendant but to