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February 11, 2025
HIGH COURT OF JUSTICE
CORAM
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
CERTIFIED TRUE COPY
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
AI Generated Summary
This High Court land dispute concerns Plot No. 24A at Kotei near KNUST. The Plaintiff asserted allocation in 2003 by the Owia Owo Ade Stool through his attorney, Raynalds Owusu Achaw, and claimed to have fenced and prepared the land for construction. The Defendants counterclaimed title to Plot No. 24A Sarfo II Crescent, relying on an earlier acquisition by the late Nana Kusi Appiah from Koteihene Nana Safo Ababio and subsequent transfer to Eric Owusu Afriyie. During trial, the 2nd Defendant died and was substituted by Afriyie; the deceased’s evidence was expunged. Applying evidentiary and land documentation rules, the court found the parties’ allocation notes and statutory declaration inadmissible for lack of stamping, and invalid for absence of a jurat against illiterate signatories. Site plans not approved per L.I. 1444 could not assist. The Plaintiff failed to prove title, possession, and clear land identity. On capacity, Afriyie, as assignee, should have sought joinder rather than substitution and therefore lacked capacity to prosecute the counterclaim. The court dismissed both the Plaintiff’s claims and the Defendants’ counterclaim, with no order as to costs.