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FELIX NTIAMOAH v. CALISIUS ELOZIEWU

July 14, 2010

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Property and Real Estate Law
  • Tort Law

AI Generated Summary

In the High Court, His Lordship Mr. Justice S. H. Ocran adjudicated a land dispute initiated by Felix Ntiamoah on 11 June 2009. Ntiamoah sought declaration of ownership, recovery of possession, an injunction restraining the defendant’s building operations, damages for trespass, further reliefs, and costs. The defendant, represented by Puozuing and Associates, entered appearance on 21 July 2009 but filed no defence; interlocutory judgment was entered for default and the matter proceeded to proof of title. Ntiamoah testified that he purchased the land from Nii Mensah, allegedly acting under a power of attorney from the Numo Sowah Din Okpelor Family, and tendered Exhibit ‘A’ showing a 99-year lease to himself and Mrs. Annah Ntiamoah. The court found the writ was not in a representative capacity, Exhibit ‘A’ was unregistered, and no family or attorney evidence was produced to corroborate his root of title. Applying Supreme Court authority on burden of proof and the presumption favoring possession, the court held he failed to prove a better title and dismissed the claim.

JUDGMENT