ERIC GYAMPO VS SAMUEL ADAWUI KWAME
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff initiated a case to claim title to a disputed piece of land at Amamole, Accra, and sought an injunction, recovery of possession, and damages for trespass against the defendant. Despite acknowledging receipt of pertinent documents and hearing notices, the defendant failed to file a witness statement or appear in court. The court, relying on unchallenged evidence presented by the plaintiff, ruled in favor of the plaintiff, affirming title, granting an injunction, recovery of possession, and awarding damages for trespass.
Plaintiff commenced the instant action by issuing writ of summons andstatement of claim against defendants on 14th March, 2013 for thefollowing reliefs:
i. Declaration of title to all that piece or parcel of land being at Amamole, Accra in the Ga West District in the Greater Accra Region measuring an approximate area of 0. 44 acres.
Perpetual injunction to restrain defendant, his agents, assigns and privies from further declaring or doing anything on the disputed land until final determination of the suit.
Recovery of possession.
General damages for trespass.
The defendant was served with the plaintiff’s writ of summons andstatement of claim on 21st March, 2013 and the defendant enteredappearance and subsequently filed his statement of defence andcounterclaim on 3rd May, 2013. On 22nd May, 2013 the plaintiff filed adefence to the counterclaim and filed application for directions on 5thJuly, 2013. On 21st November, 2013 this court differently constituted setdown all the issues raised in the application for directions for trial except the 1st issue in which Achimota as appeared in it was amended to readAmamole.
The following issues were, therefore, set down for trial: i. Whether or not the land in dispute is situate at Amamole.
Whether or not the plaintiff grantors are the allodial owners of the land in dispute.
Whether or not defendant leased the land in dispute from the Sempeh Mensah family of Ablekuma.
Whether or not plaintiff is entitled to his counterclaim.
v. Any further issue(s) arising from the pleadings.
Plaintiff’s case as stated in the statement of claim is that on or about10th day of December, 2010 plaintiff acquired a piece or parcel of landsituate and being at Amamole, Accra in the Ga West District from NiiTettey Okpe II, Head and lawful representative of Nii Tetteh OkpeFamily of Amamole, Accra for residential purposes.
The extent of the said land is 0. 44 acres or 0. 18 hectare and boundedon the North-East by Lessor’s land measuring 125. 3 feet more or less, on the South-East by Lessor’s land measuring 165. 6 feet more or less, on the South- West by Lessor’s land measuring 115. 1 feet more or lessand on the North-West by proposed road measuring 154. 5 feet more orless.
With the concurrence of all the principal elders of the Nii Tettey OkpeFamily of Amamole Nii Tettey Okpe II executed an indenture in respectof the above land in favour of the plaintiff.
Plaintiff has since then beenin quiet possession and enjoyment of the land unti