DR ODIKO QUARSHIE VS DANIEL M. K. OKPOTI AND 13 OTHERS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE REBECCA N. S. SITTIE (MRS)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Administrative Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a land dispute where the Plaintiff claims ownership of a 9.36 acre land at Oyarifa and seeks ejectment of Defendants who have allegedly encroached on the frontage and side of the land. The court found that the Plaintiff proved ownership based on his Land Certificate and long possession. The court held that while the Plaintiff has a right of way and entry through the road reservation, he does not have the right to possess it. The activities of the Defendants were found to constitute nuisance and trespass. The court granted ejectment orders against the Defendants, ordered removal of structures, and awarded damages for trespass and nuisance. The case highlights principles of land ownership, easements, nuisance, and trespass in Ghanaian property law.
Preliminary Comments This judgment was originally slated for 29th February 2016 but it came to light that the proceedings for 21st July 2015 was missing as part of data that crushed in Land Court 5 in the old complex.
Parties were requested to provide copies of their notes to reconstruct the proceedings.
3rd Defendant’s Counsel provided her notes which was accepted as a fair representation of the day’s proceedings with the court notes for that hearing day on the 21st July 2015. The case was adjourned for judgment to be delivered on 4th March 2016. In the course of the week precisely the 2nd March 2016, Counsel for Plaintiff sent what appeared to be the transcribed proceedings of the 21st July 2015. I am not sure if the other parties have copies.
The Court was informed that Counsel for 3rd Defendant had an emergency but promised to file an address by close of day Monday 29th February but this was not forthcoming.
The court did not receive any address from Counsel for 1st and 2nd Defendants either.
The Court set down the 29TH of October for a visit to the locus but somehow the parties did not contact the Registrar to make the necessary arrangement for the locus in quo so the court cancelled the visit.
The blame was laid at the doorstep of Counsel for Plaintiff, who I felt should have taken more interest because he made the application for the locus.
Plaintiff took out a Writ of Summons and Statement of Claim against three (3) Defendants on 29th May 2012. Plaintiff was granted leave to join ten (10) other Defendants on 21st November 2012. On the order of the Court Plaintiff was granted leave to rectify his reliefs endorsed on the statement of claim on 3rd May 2013. The new reliefs were just as those on the original statement of claim.
Plaintiff claims the following reliefs: 1. An order of ejectment of the Defendants from the frontage of Plaintiff’s land which the Defendants are occupying unlawfully.
2. Perpetual injunction against the Defendants from interfering with the Plaintiff’s possession of the land 3. Damages for trespass Case Brief Plaintiff says he is the owner of a 9. 36 acre land at Oyarifa for which Plaintiff had been issued with a Land Certificate No. GA 9970 dated 27th June 1994. Plaintiff said his ownership of the land was confirmed in Suit No BL 420/06 against some trespassers on 9th July 2008. Plaintiff’s case is that the Defendants have taken over the frontage and the side of his land, and by reason of the activities of the Defenda