EMMANUEL OFORI & ANOR VS EMMA OKWESI
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP REBECCA. N. S. SITTIE (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Contract Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs brought a lawsuit for ownership over disputed land, claiming it belonged to their deceased family members who never sold it. The defendant asserted she bought the land rightfully and had a title certificate. The case faced delays due to witness absences and document reconstruction. The court ruled in favor of the plaintiffs, proving title through strong documentary evidence and confirming fraudulent actions by others. The court ordered the cancellation of the defendant's land certificates, rejected defenses of laches and res judicata, and awarded damages for trespass.
Plaintiffs issued out a Writ of Summons and Statement of Claim against Defendant for the following reliefs:
1. An order that the disputed land described in paragraph 6 of the statement of claim belongs to the late Samuel Henry Obido and his sister the late Elizabeth Chardey Yartey.
2. Recovery of possession.
3. Damages for trespass.
4. Perpetual injunction to restrain the Defendant or her agents and assigns from interfering with the disputed land.
5. An Order to cancel the Land Certificate No. GA 16774 folio 502 Vol. 12 purported to have been issued to the Defendant.
Plaintiffs’ case: Plaintiffs’ claim that the land which they described as situate lying and being at North East Christianborg containing an approximate area of 0.275 acres more or less and bounded on the North by Alata Stool land measuring 160 feet more or less on the South Alata Stool measuring 160 feet more or less on the East by Alata Stool measuring 75 feet more or less on the West by proposed road measuring 75 feet more or less, belonged to their grandfather Rudolf Nelson Ofori-Cofie per a document registered in the Deeds Registry as No. 903/1948. Plaintiffs’ father took letters of Administration and vested same in himself, which he registered as No. 1750/1975. The land became the subject of a number of conveyances between their father Samuel Henry Obido and his sister Elizabeth Chardey Yartey. The Head of Family, William Tetey Ayeetey vested same in Plaintiff’s father and sister and later their father and his late sister partitioned the land between themselves. All these transactions were duly registered at the Deeds Registry. Plaintiffs say their father exercised various acts of possession on the land. Plaintiffs also say that neither their late father, who died on 1st August, 1981, nor their late Auntie Elizabeth Chardey Yartey who died on 8th February 2001 had disposed of the land before their demise. Plaintiffs say they saw some trespasser developing the land in 2011 who said they had obtained a judgment and a Land Title Certificate over the land. Plaintiffs said they challenged the trespasser and issued this writ against Defendant.
Defendant’s Case: Defendant in her amended statement of defence filed with leave of the court on 8th June 2015 denied Plaintiffs’ claim. Defendant said she acquired the land from one Elizabeth Chardey the rightful owner for one hundred and thirty million (¢130,000,000.00), now deceased through her agent one Ernest Debrah (also deceased). Defen