ERNEST EKLU MENSAH vs PAUL KOFI PEPRAH
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J
Areas of Law
- Property and Real Estate Law
- Tort Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff claimed title to a piece of land in Accra and sought damages for the wrongful demolition of his eight-bedroom house by the defendant. The court found that both parties were granted land by the same family but in different locations. The defendant fraudulently misrepresented the location of his granted land, leading to the wrongful judgment and subsequent demolition of the plaintiff’s property. The court ruled in favor of the plaintiff, granting declarations of title, damages, and an injunction against the defendant.
The plaintiff claims against the defendant as follows:
a) “A Declaration of Title to all that piece and parcel of land described in paragraph 5 of the Statement of Claim.
b) Declaration that the Writ of Possession effected by the defendant (then plaintiff) was executed on land other than that for which he obtained judgment in suit no. FAL 153/12.
c) Declaration that the demolishing of the plaintiff’s eight-bedroom house by the defendant, purportedly in satisfaction of the judgment in suit no. FAL 153/12, was wrongful and unlawful.
d) Recovery of Possession.
e) Damages for Trespass.
i. Special Damages being:
a) Total cost of the Demolished House
b) Cost of procuring alternate accommodation from the date of demolition to the date of judgment.
General Damages iii.
Perpetual Injunction against the defendant, his servants, agents from interfering with possession and use by the plaintiff of his said land.
It is the case of the plaintiff that the land over which the defendant was granted judgment in suit number FAL/153/12 is his land. The land is situated at Aboasa, a suburb of Accra. He was granted a lease by the allodial owners, the Nii Owoo family of Faase, led by the then head and lawful representative. The transaction was evidenced in writing. He built a dwelling house on the land.
In 2011, he saw court processes posted on the wall when he returned from Kumasi. He removed the writ and statement of claim and took them to his grantor, who admitted leasing a portion of the family’s land in the vicinity where he has his building to the defendant and promised to deal with the matter.
On 28th November 2013, his eight-bedroom house was pulled down by bailiffs of the court and policemen. He contends that the demolishing was wrongful, fraudulent, and without proper legal authority.
The defendant denies the plaintiff’s claims and averred that his son lawfully acquired the land. He went into possession by erecting corner pillars on the land and appointed an agent to watch over the land and proceeded to register the same. When he noticed the plaintiff’s workmen on the land, he sent him a “stop work” letter and lodged a complaint of trespass against the plaintiff at the police station and the Ga East Municipal Assembly. Despite their intervention, the plaintiff continued to work on the land.
The defendant built a fence wall around the land to protect it from further acts of trespass, but the plaintiff demolished it. The defendant reported the matter to the