ERIC NII ARYEE MENSAH vs VICTOR AUSTIN
2025
HIGH COURT
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2025
HIGH COURT
AI Generated Summary
The Plaintiff, Eric Nii Aryee Mensah, sought legal redress against Defendant, Victor Austin, for trespass and encroachment on a 0.42-acre land in Kwabenya, Ghana. Both parties claimed ownership through different conveyances from the Odai Ntow family. Critical issues included examining the legitimacy of their titles, acts of possession, and the correctness of regularizations. The court, affirming the validity of the Plaintiff's titles and his sequential acts of possession, granted all reliefs sought by him. The Defendant's claims, underpinned by a flawed ratification process, were dismissed. The Plaintiff has been declared the rightful owner, and the Defendant has been ordered to vacate the land.
Introduction
[ 1]. By a Writ of Summons and Statement of Claim filed on 14 th January, 2019, Plaintiff claimed the following reliefs against the Defendant:
i. Declaration of title to all that piece or parcel of land situate, lying and being at Kwabenya in the Greater Accra Region of the Republic of Ghana bounded on the NorthWest by proposed road measuring 50 &; 45 feet more or less, on the NorthEast by proposed road measuring 150 feet more or less on the SouthEast by proposed road measuring 50 &; 45 feet more or less and on the SouthWest by land of Nii Odai Ntow family
measuring 210 feet more or less and containing an approximate area of 0.42 acre.
ii. Damages for trespass.
i. Recovery of possession of the said land.
iii. Perpetual injunction restraining the Defendant, his agents, assigns, servants, workmen from disturbing the Plaintiff from quietly enjoying his land.
iv. Costs inclusive of legal and administrative cost.
An Overview of Parties Case As Pleaded
Plaintiff's case
[2]. The Plaintiff, Eric Nii Aryee Mensah, claims ownership of a 0.42acre parcel of land located at Kwabenya in the Greater Accra Region, Ghana. He asserts that he acquired the land through a Deed of Assignment dated 5th June 2004, executed between Gertrude Ampaw and himself. Upon acquiring the land, the Plaintiff took immediate possession by erecting corner pillars and depositing sand and stones on the property. The Plaintiff places reliance on a prior court case, Nuumo George Ankonu Adjin Tettey v. Margaret Tsikata &; 7 Others (Suit No. BL 554/2007 ), in which he was the
5th Defendant. The judgment, delivered on 25th November 2011, declared that any grant of land by the Odai Ntow family must involve the consent of all principal elders of the family, including the Abbey We branch. Following this judgment, the Plaintiff regularized his title by obtaining a new lease agreement from the Odai Ntow family on 19th October 2012.
[3]. The Plaintiff alleges that the Defendant, Victor Austin, has trespassed on his land and commenced development without his consent. Despite warnings, the Defendant has continued his activities, prompting the Plaintiff to seek legal redress. The Plaintiff argues that the Defendant's actions are unlawful and that he is entitled to the reliefs sought to protect his ownership and enjoyment of the land.
Defendant's Case as Pleaded
[4]. The Defendant, Victor Austin, denies all the claims made by the Plaintiff, Eric Nii Aryee Mensah, in the statem