EMMANUEL ADDAI vs BAFFOUR OWUSU ASAMOAH & ORS
2025
HIGH COURT
CORAM
- HIS LORDSHIP JUSTICE EREDERICK TETTEH
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
2025
HIGH COURT
CORAM
AI Generated Summary
In a dispute over a piece of land at Kotei Extension, Kumasi, the Plaintiff sought a declaration of title and a perpetual injunction against the Defendants from interfering with the land. The Defendants counterclaimed, seeking a declaration of title, damages for trespass, recovery of possession, and an injunction against the Plaintiff. The court assessed the claims based on principles such as the standard of proof in civil matters, burden of proof, and requirements for proof in land disputes. The court found that the Plaintiff failed to provide credible evidence of ownership and did not adequately identify the land in question. The court also addressed capacity issues, determining that the Defendants' counterclaim was invalid due to lack of proper substitution of the deceased Defendant. Consequently, both the Plaintiff's claims and the Defendants' counterclaim were dismissed.
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,