EMMANUEL ADDAI v. BAFFOUR OWUSU ASAMOAH & 2ORS
2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2025
HIGH COURT OF JUSTICE
CORAM
AI Generated Summary
This case involves a land dispute where both the Plaintiff and Defendants claim ownership of a plot of land in Kotei Extension, Kumasi. The Plaintiff sought declaration of title and injunction, while the Defendants counterclaimed for similar reliefs. The court dismissed the Plaintiff's claim entirely, finding that he failed to prove his root of title, acts of possession, and clear identification of the disputed land. The court also dismissed the Defendants' counterclaim due to lack of capacity of the substituted 2nd Defendant. The case highlights important legal principles regarding burden of proof in civil cases, requirements for establishing land ownership, the legal status of allocation notes, and the importance of proper legal capacity in land dispute cases. The court's decision emphasizes the need for clear and convincing evidence in land ownership claims and the proper procedural steps in substituting parties in ongoing litigation.
By his endorsement on his amended writ of summons and amended statement of claim dated 18th May, 2012, the Plaintiff is claiming the following reliefs against the Defendants.
a. A declaration of title to all that piece or parcel of land lying and being at Kotei Extension, Kumasi near KNUST ordinarily referred to as Plot No. 24A.
b. An order of perpetual injunction to restrain the Defendants, their agents and
or assigns from interfering with the right of Plaintiff to enjoy his property.
Upon the service of the processes on the Defendants, the 1st and 2nd Defendants entered appearance on the 24th May, 2012, filed their statement of defence and counterclaim on the 12th June, 2012. The 1st and 2nd Defendants counterclaimed thus:
a. Declaration of title to Plot No. 24A Sarfo II Crescent, Kotei
b. Damages for trespass
c. An order for recovery of possession
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REGISTRAR
HIGH COURT-GENERAL JURISDICTION
d. An order of injunction restraining the Plaintiff her, agents, workmen,
servants and assigns from in any manner interfere with the 2nd Defendant's interest and ownership of the said plot.
The Plaintiff thereafter filed his reply and defence to counterclaim. The 2nd Defendant, Nana Kusi gave his testimony personally. However during cross- examination, he passed on and thus was substituted by Eric Owusu Afriyie. His evidence was therefore expunged. The 1st and 3rd Defendant did not adduce evidence.
PLAINTIFFS' CASE:
The Plaintiff averred that, in the year 2003, he was allocated the disputed land by the Owia Owo Ade Stool of Kotei, Kumasi. He added that, due to the fact that he lived in the United Kingdom at the time of the acquisition of the disputed land, he mandated a friend of his by name, Raynolds Owusu Achaw to act on his behalf during the process of the acquisition. According to the Plaintiff, the said Raynolds Owusu Achaw who is an indigene of Kotei, indicated that as of the time of the land acquisition, the area where the disputed land is situate, had not been demarcated.
According to the Plaintiff, the portion of the Kotei Stool land where the disputed land is situate, was said to be reserved for the queen mother of Kotei. Plaintiff further indicated that it was his friend, who together with some nephews of the Kotei Queen mother, went to engage a surveyor to carry out the demarcation of the parcel of land into plots of land.
Plaintiff added that, it was subsequent to the demarcation that his friend named above, selected th