ERIC GYAMPO DARKO & ANOR VS MIKE PREMPEH & ANOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Contract Law
- Administrative Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court examined the claim of title to land by the 1st plaintiff against the challenge by the defendants. The 1st plaintiff's father acquired the land, which fell under state acquisition according to the 2nd plaintiff. The 2nd defendant claimed the land as part of Gbawe family's land. The court held that the land belongs to the 1st plaintiff, upheld the state acquisition, ordered the removal of structures by the 1st defendant, and awarded damages against the defendants.
The 1st plaintiff commenced the instant action on 14th December 2008 against the defendants herein. Per his amended writ of summons and statement of claim, he is seeking the following reliefs:
1. “A declaration that all that piece and parcel of land lying and being at South Odorkor Housing Estate, known as plot No. 16, Cashew Street and bounded on the North by Plot number 18, Cashew Street, measuring 100 feet more or less on the East by Plot No. 27, Kingdom Street, measuring 70 feet more or less on the West by Cashew Street measuring 70 feet more or less and covering an area of 0.16 acre is the property of Eric Gyampo Darko.
2. Perpetual injunction restraining the defendants, their agents, assigns, privies, personal representatives from ever interfering with the plaintiff’s quiet enjoyment of the land, subject matter of this dispute.
3. Recovery of possession from the 1st defendant.
4. An order that the building constructed by the first defendant on the land subject matter of this suit must be demolished.
5. General damages for trespass against the 1st and 2nd defendants.
6. Any further order(s) as this honourable Court may deem fit.
7. Costs.”
It is the case of the 1st plaintiff that his deceased father, Andrews Lartey Darko, acquired the land in dispute known as Plot No. 16 Cashew Street from the then Sempe Chief, Nii Kpakpo Amako II. The transaction was reduced into writing and same executed. The disputed land was vested in the 1st plaintiff by a vesting assent prepared in his favour by the administrators of his father’s estate. The 1st plaintiff tried to continue with the registration process started by his deceased father but was told the disputed land fell within a large tract of land acquired by the Government and given to the 2nd plaintiff. A search conducted at the Lands Commission revealed that that portion of land belongs to the 2nd Plaintiff and not the Chief of Sempe. The plaintiff therefore applied and sent his document to the offices of State Housing Company.
The 1st Defendant expressed interest in the land and same was offered to him for Eight Thousand Ghana Cedis. According to the 1st plaintiff, he informed the 1st defendant that he did not have the resources for the processing of the documents. The 1st defendant gave him Two Thousand Ghana Cedis. The 1st defendant agreed to wait for the processes to go through, but whilst processing the document, the 1st Defendant commenced building activities on the land. The 1st defendan