ERIC ABOAGYE v. ASHANTI REGIONAL POULTRY & LIVESTOCK & ORS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of title, ejectment, and injunction for Plot No. 20 Lake Road after receiving a lease from the Lands Commission. Defendants refuted, citing various historical claims, and the 4th defendant claimed ownership due to a 1977 confiscation law. The court found the Lands Commission had the authority to lease the plot to the plaintiff and ruled in the plaintiff's favor. The 1st, 2nd, and 3rd defendants were ordered to vacate within three months. The court did not find the plaintiff estopped by conduct or that there was fraud by the Lands Commission or 5th defendant.
JUDGMENT
Plaintiff instituted the instant action against the 1st to 4th defendants on 10/05/2010 and on 23/02/2011, the 5th defendant was joined to the suit by an order of this court. The plaintiff filed an amended writ of summons and statement of claim on 28/04/2012 and further amended the same on 26/07/12.These were filed pursuant to orders of the court dated 23/02/11 and 23/07/12 respectively. The reliefs sought by the plaintiff in the (further) amended writ of summons and statement of claim are these:
A declaration of title to plot No. 20 Lake Road, Adum- Kumasi
An order of ejectment and recovery of possession against the 1st, 2nd and 3rd defendants.
Perpetual injunction restraining the Defendants, their employees, agents, servants, workmen, and all those claims through it from interfering with the plaintiff's ownership, possession and control of the plot in dispute.
In view of the amendment filed by the plaintiff, the 1st, 2nd , 3rd and 5th defendants also amended their statement of defence. That amended statement of defence was filed on 25/09/12. The 4th defendant also amended its statement of defence and filed the same on 08/08/2012. I must however point out that the said process which sought to amend the 4th defendant's statement of defence filed on 10/06/2010 was not properly headed as such. That notwithstanding, this mere irregularity can be ignored and the process treated as an amended statement of defence of the 4th defendant.
THE PLAINTIFF'S CASE
The plaintiff's stated that Plot No. 20 Lake Road, Kumasi was originally a State land acquired under the Kumasi Lands Ordinance, Second Schedule "b" of 1943, but the Government of the Republic of Ghana leased it to the Ahafo Co-operative Union Limited for a period of twenty (20) years from 01/04/1949 to 30/03/1969. The plaintiff alleged that when the said lease expired on 31/03/1969, it was not renewed and so the reversionary interest became vested in the Lessor; and by a lease dated 18/12/09, the plot was demised in his favour by the Government of Ghana acting per the Chairman of the Ashanti Regional Lands Commission for a period of 50 years commencing from 01/11/2009.
The plaintiff further asserted that after obtaining his lease, he served notices on the 1st , 2nd and 3rd defendants to quit and when they refused , he again caused his solicitors to write to them to quit but these defendants refused to quit. Instead, they caused their solicitor to reply to the plaintiff's solicitor's letter wh