2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff filed a suit seeking declaration of title to a parcel of land, recovery of rent, and damages. Defendants counterclaimed asserting their title to the land. The court held that plaintiffs had extinguished their allodial title by the sale to Pickering and Berthoud. The Land Commission's lease to the first defendant was constitutional. The plaintiff’s claim was dismissed, and judgment was entered for the defendants including damages for trespass.
Before I proceed to read my judgment I wish to make this comment; that Counsel for Plaintiff submitted his address on Thursday the 19th May 2016 when this judgment was ready and was to be read the following day Friday 20th May 2016. I have had to address some of the issues raised in Counsel’s address which may have resulted in some repetitions in sections of this judgment.
I wish to therefore crave your indulgence as I proceed to deliver this judgment.
Plaintiff issued a writ against the Defendants on 23rd February 2012. By an Amended Writ of Summons and Statement of Claim with leave of the court, Plaintiff filed for the following reliefs: 1. Declaration of title in favour of the E. B. Tibboh Family of all that piece or parcel of land situate at Independence Avenue, Accra, measuring on the North East 205 feet more or less on the South East 180 feet more or less, on the South West 250 feet more or less, on the North West in an irregular line a total of 200 feet more or less and containing 1. 03 acres more or less which parcel of land is more particularly delineated on the plan annexed hereto and thereon edged Pink.
2. Recovery of Rent since 1st Defendant has been in possession on the land as lessees of the Lands Commission 3. General damages for Trespass 4. Costs.
PLAINTIFF’S CASE Plaintiff’s case is that their ancestor Emmanuel Botwe Tibboh (E. B. Tibboh)acquired large tracts of land from the central business district area through Ridge, Independence Avenue then known as the Dodowa Road, Airport to Shiashi in the North East of Accra.
Plaintiff says most of these lands are evidenced in Judgments and Rulings, official maps and Certificates of Acquisition.
Plaintiff listed a number of such acquisitions including the land known as Christiansburg, Alice Nettey, Messrs Pickering and Berthoud Limited and CFAO foreign trading companies in the Colony between 1911 and 1918. Plaintiff said the family sued Osu Mantse and one William George Hesse in different suits in the Supreme Court of the Gold Coast over ownership of land in the European Residential Extension and got judgment in the family’s favour and was paid compensation for it.
Plaintiff stated that based on the judgment in its favour the family executed a conveyance to Pickering and Berthoud.
Plaintiff claims ownership of all the land from the Psychiatric Hospital through Ridge up to the Veterans Association land including the land in dispute.
Plaintiff claims it is still the Allodial Owner after num