FELIX ADU-AMANKWAH VS HAWAKU KASSIM & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP WILLIAM APPIAH TWUMASI
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a land dispute between the Plaintiff and Defendants over ownership and capacity to sue. The District Court ruled against the Plaintiff, who then appealed. The appellate court found that the trial court failed to properly evaluate the evidence of the Plaintiff's Land Certificate and did not take necessary steps to ascertain the facts regarding the land acquisition by the state. The ruling of the District Court was set aside, and the case was remitted for a full trial on its merits.
This is an appeal against the Ruling of the District Court, Weija, Accra, dated the 22nd of June, 2022, Coram: Her Worship, Ruby Ntiri Opoku (Mrs. ) contained at pages 59 to 64 of the record of appeal.
The said ruling went in favour of the Defendant/Respondent(hereinafter called the “Defendant) against the Plaintiff/Appellant (hereinafter called the“Plaintiff)A brief background leading to this appeal was that the Plaintiff caused the instant writ of summons and statement of claim to be issued out against the defendant claiming as follows: a) Declaration of title to the land in dispute.
b) An order for recovery of possession of the disputed land or in the alternative; c) An order directed at the Defendants to pay to the Plaintiff the full cost of the land in dispute.
d) An order directed at the Defendants to construct a drainage system to resolve the current problem of flood that the Plaintiff suffers at his residence anytime it rains and which has been occasioned by the Defendants 4-storey building project.
e) Perpetual injunction restraining the Defendants, their assigns, workmen from interfering with the disputed land in any whatsoever.
e) General damages against the Defendants for trespass.
f) Legal cost at full indemnity.
In the accompanying statement of claim, the Plaintiff averred that he acquired a piece of land situate at Sampa Valley, a suburb of Accra in or about March, 1993 from Mrs. Harriet Quaye.
He further proceeded to register his interest in the land at the Lands Commission with a Land Certificate No. GA1281 Vol.
09, Folio No. 31 of 31st May, 1996. The Plaintiff averred that he went into possession of the said land and developed same for a residential facility and fenced a portion thereof leaving some portions unfenced due to the swampy nature of the land.
The Plaintiff stated sometime in 2015, the 2nd Defendant approached the Plaintiff’s wife and informed her that he had been awarded a contract for the construction of drainage facilities in the area where the land in dispute is and requested from her an amount of One Thousand Ghana Cedis (GH₵1, 000. 00) to fill up and improve the nature of the unfenced portion.
The Plaintiff further stated that to his surprise, the 2nd Defendant started developing the unfenced portion and has since constructed a four-storey building despite resistance from the Plaintiff, hence the Plaintiff’s said writ of summons and statement of claim for the reliefs endorsed thereon and first above stated.
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