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February 11, 2025
HIGH COURT
CORAM
By his endorsement on his amended writ of summons and amended statement of claim dated 18t 2012, the Plaintiff is claiming the following reliefs the against May .
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 Ist and Defendants entered appearance on the 2012, filed their statement of defence and counterclaim on the 12t June, 2012.
The 1st and Defendants counterclaimed thus; 2nd 24t 2nd a Declaration of title to Plot No. 24A Sarfo II Crescent, Kotei b Damages for trespass C An order for recovery of possession TRAR An order of injunction restraining the Plaintiff her; agents; workmen; servants and assigns from in any manner interfere with the Defendant's interest and ownership of the said 2nd plot.The Plaintiff thereafter filed his reply and defence to counterclaim.
However during crossexamination; he on and thus was substituted by Eric Owusu Afriyie.
His therefore evidence was 2nd passed 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 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 of land into plots of land.
parcel Plaintiff added that, it was subsequent to the demarcation that his friend named above, selected the disputed plot in his stead.
Payment for the land was effected in a number of tranches and documents to the land was issued to Plaintiff s representatives; which included his late mother after the full payment.Plaintiff averred that,
AI Generated Summary
This High Court land dispute concerns Plot No. 24A at Kotei Extension near KNUST in Kumasi. The plaintiff claimed allocation by the Owia Owo Ade Stool in 2003 and acted through Raynolds Owusu Achaw while residing in the United Kingdom, asserting possession by fencing and storing materials. The defendants traced title to the late Nana Kusi Appiah, who acquired Plot No. 24A Sarfo II Crescent from the then Koteihene and later transferred his interest to Eric Owusu Afriyie, after construction works allegedly faced interference. Assessing exhibits and testimony, Justice Frederick Tetteh held the plaintiff failed to prove root of title, land identity, and acts of possession. Key documents were inadmissible or non-compliant: unstamped instruments under Act 689, unapproved site plans under LI 1444, and allocation notes lacking a jurat under the Illiterates Protection Ordinance. On capacity, the Court determined Afriyie, as transferee, should have joined rather than substituted the deceased original defendant; lacking capacity, his counterclaim failed. Both claims were dismissed, with no order as to costs.