EMMANUEL KOKO vs NII DODOO
2025
HIGH COURT
CORAM
- HER LADYSHIP JUSTICE PRISCILLA DAPAAH MIREKU (MRS
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2025
HIGH COURT
CORAM
AI Generated Summary
The plaintiff, a resident at AbekaAccra, filed a lawsuit against the defendant seeking declaration of title to a land, recovery of possession, damages for trespass, an injunction, and costs. The plaintiff claimed to have leased the land from the defendant's family in 1997. The defendant, following his father's death, allegedly developed the land, leading the plaintiff to sue. The plaintiff reported the matter to the police without success. The defendant denied plaintiff's ownership, citing lack of valid documentation. The trial involved both parties presenting evidence and witnesses. The court held that the plaintiff failed to prove ownership and possession of the disputed land by a preponderance of probabilities. The court also concluded that the plaintiff acquired the land but failed to adequately prove its identity and boundaries. The court ruled against the plaintiff, awarding costs of GH¢10,000.00 to the defendant.
The Plaintiff is a resident at AbekaAccra and has instituted this action against the Defendant for;
a) Declaration of title to the land described in the schedule.
ALL THAT PIECE OF LAND situate lying and being at Bukuase Afiaman Accra containing an approximate area of 0.16 acre, more or less and bounded on the NorthWest by lessors' land measuring 100 feet more or less and bounded on NorthEast by Lessor's land measuring 70 feet more or less on the South East by
Lessors' land measuring 100 feet more or less and on the South West by proposed road mearing 100 feet more or less which said piece of land is more particularly delineated on the plan attached hereto and thereon shewn edged pink.
b) Recovery of Possession of the land in dispute.
c) General damages for trespass.
d) Perpetual injunction restraining the Defendant, his agent(s) or any person(s) claiming through him from entering or causing anything to be brought on the land or building on the land in dispute pending the final determination of this suit.
e) Costs including legal cost .
The summary of the Plaintiff 's case is that, sometime in 1997, the Defendant 's father Enoch Lamptey Dodoo and William Dodoo Ankrah acting as joint heads and lawful representatives of the Dodoo family of Afiaman leased the disputed land to him for a term of ninetynine (99) years. That he has been exercising ownership of the land and entered possession of the land since its acquisition.
That upon the demise of the Defendant 's father, the Defendant has entered portion of the subject matter in dispute and developing same. That the Defendant will not stop to his trespass on the land unless this Court restrain him. That he reported the Defendant to the Pokuase police but the Defendant did not cooperate with them. Thus, he instituted this action against the Defendant on the 1 st day of December, 2021 for all the reliefs endorsed on his Writ of Summons aforementioned.
The summary of the Defendant 's case is that he knows the Plaintiff through the Full Gospel Business Men's Fellowship International platform. That when the Plaintiff reported him to
the police station, he was asked to identify his supposed land but could neither tell the size, physically identify the land on the ground or show any proof that he purchased any land from his late father.
The Defendant further avers that since the passing of his father, he has personally approached persons on the land in whatever shape or form either personally or through w