DR. AARON OFEI & ORS VS CHIEF CALISTUS ELOXIEUW & ORS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs brought a lawsuit against the Defendants over ownership and possession of land, claiming damages for destruction of property and wrongful occupation. The Defendants' defense and counterclaims were struck out due to procedural non-compliance, resulting in a judgment favoring the Plaintiffs, awarding them damages and declaring their ownership of the disputed land.
The Plaintiffs caused their lawyer to issue a writ of summons against the 1st and 2nd Defendants.
Eventually, the 3rd Defendant was also joined to the suit.
By their Further Amended Statement of Claim, the Plaintiffs claimed that they acquired two (2) parcels of land located at Nmai Dzorn from the Okpelor Sowah Din Family acting by their head and lawful representative, Eugene Odametey Sowah.
The first parcel of land represented in schedule A, consisted of two (2) plots of land which the 1st Plaintiff developed by constructing the foundation of a six (6) bedroom house on one plot and a four (4) bedroom building up to gable level on the second plot.
The said plot has been described as all that piece or parcel of land situate, lying or being at South Nmai-Dzorn, Tema Rural Accra of the Greater Accra Region of the Republic of Ghana containing an approximate area of 0. 30 acre and bounded on the North-East by proposed road measuring 159. 5 feet more or less on the South-West open space measuring 160. 4 feet more or less, on the North-East by lessor’s land measuring 94. 7 feet more or less on the South-East by proposed road measuring 101. 2 feet more or less.
The 2nd Plaintiff also built a wall around her plot which is represented in schedule B and described as all that piece or parcel of land situate lying and being at South Nmai-Dzorn, Tema Rural Area of the Greater Accra Region of the Republic of Ghana containing an approximate area of 0. 19 acre and bounded on the North-East by proposed road measuring 94. 1 feet more or less, on the South-West open space measuring 85. 5 feet more or less on the North-West by lessor’s land measuring 90. 5 feet more or less and the South-East by proposed road measuring 90. 5 feet more or less.
The Plaintiffs’ case is that the 1st Defendant destroyed the structures put up by the 1st Plaintiff while the 2nd Defendant took over the 2nd Plaintiff’s land, completed the wall and built his house within the wall.
The Plaintiffs also claim that the 3rd Defendant was the one who sold the 2nd Plaintiff’s plot to the 2nd Defendant.
The Plaintiffs further claim that after acquiring the land in dispute, they submitted their documents to the Land Title Registry for title registration.
After a publication was made in the Weekly Spectator of 16th June 2007, the process was stalled due to a litigation among members of their grantor family.
According to the Plaintiffs, the suit which involved a challenge to a Power of Attorney used by