ENOCH FRANCIS ANNAN TETTEH vs GEN. (RTD) OPPONG OKYERE (DISCONTINUED & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over land ownership and family headship. The Plaintiff, claiming to be the head of the Okpon We family, sued for declaration of title over land at Dzornaman and related reliefs. The Defendants counterclaimed, disputing the Plaintiff's capacity and alleging fraud. During the trial, the Plaintiff settled with the 1st and 2nd Defendants out of court. The 3rd to 5th Defendants chose not to appear to prosecute their counterclaims. The court, finding the Plaintiff's evidence uncontested, ruled in favor of the Plaintiff, declaring him the lawful head of family, granting injunctions against the 3rd to 5th Defendants, and ordering recovery of possession. The case highlights principles of civil procedure, burden of proof, and property law in Ghana.
1. INTRODUCTION[i] The Plaintiff’s claims against the Defendants in the amended writ of summons are as follows: a. A declaration of title over ALL THAT piece or parcel of land situate, lying and being at Dzornaman measuring an approximate area of 1. 008 or 0. 408 hectares and bounded on the North measuring 136. 4 feet more of less on the East measuring 284. 3 feet more of less on the South measuring 133. 2 feet more or less on the West by proposed measuring 286. 7 feet more or less from the Okpon We family all within Plaintiff’s family land.
b. A declaration that Plaintiff is the lawful head of family of the Okpon We family.
c. A declaration that the 3rd to 5th Defendants have no capacity to alienate any portion of the Plaintiff’s family land.
d. Perpetual injunction restraining the 3rd to 5th Defendants herein, or any family member, their assigns, privies, agents, grantees or any person(s)authorized by them from holding themselves as the head(s) of family or interfering with Plaintiff’s position and performance of his duties as head of the Okpon We family in any manner so far as the Plaintiff remains the head of the Okpon We family.
e. Perpetual injunction restraining the Defendants herein, their agents, assigns, servants, workers, men, officers, independent contractors of any person(s) claiming through them from interfering in any manner the land in dispute.
f. An order setting aside any grants by 3rd to 5th Defendants or any family member on Plaintiff’s family land without Plaintiff.
g. Recovery of possession and demolition of any unauthorized structures on portions of Plaintiff’s family land.
h. General damages.
i. Costs.
2. FACTS OF THE PLAINTIFF’S CASE [ii] The Plaintiff instituted the present action hinging on the above reliefs by averring in the statement of claim that he is the head of the Okpon We family of Dzornaman and Teshie and he thus brings this action for himself and on behalf of the said family.
According to the Plaintiff, he succeeded the late head of family by name Nii Adjei Kofi on the 24th day of August 2014. Further, the Plaintiff contended that the Okpon We family is the owner of all that piece or parcel of land situate, lying and being at Dzornaman in the Greater Accra Region of Ghana and containing an approximate area of 603. 51 acres and as described in the reliefs sought. [ii] The Plaintiff again stated that his family acquired the land by farming, rearing of animals and settling thereon and even had same regis