FELIX SETH QUARTEY VS MATTY ROSELYN ARTHUR (Deceased) & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE NABEELA NAEEMA WAHAB MS
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, in 2018, filed a lawsuit against the Defendants over a 4.76-acre land granted to him by the Nii Owoo family in 1988. Plaintiff claimed the Defendants unlawfully entered the land in 2018. The Defendants counterclaimed, asserting ownership of a 0.10-acre portion acquired from the same family in 2000. The Court-appointed surveyor found that the Defendant's land lies within the Plaintiff's larger tract. In a ruling, the Court determined the Plaintiff is the lawful owner of both parcels of land, rejected the Defendants' counterclaim, and awarded damages for trespass against Defendants. The Court also concluded that the action was not statute-barred and issued an injunction restraining the Defendants from interfering with the land.
I. PLAINTIFF’S CASE
1. The Plaintiff instituted the action against the Defendants by a Writ and Statement of Claim filed on 22nd October 2018.
2. It is the case of the Plaintiff as stated in his Statement of Claim that he is a member of the Nii Owoo family of Faase and that in the year 1988, the Nii Owoo family granted him a lease in respect of the 4. 76 acres described on the Writ of Summons.
The Plaintiff added that the transaction is evidenced by an indenture executed by David Seth Kwatei Quartey and two others as representatives of the Nii Owoo family and with the consent and concurrence of the principal members of the Nii Owoo family.
3. The Plaintiff stated that at the time of the grant, the land was bare land and he immediately took possession of same by clearing it and erecting pillars on it.
The Plaintiff also stated that he submitted the indenture in respect of the land to the Lands Commission for registration, but he is yet to receive a Land Title Certificate.
4. It is the further case of the Plaintiff that in or about the year 2018, he noticed that the Defendants had unlawfully entered his land, pulled down a structure on the land with the intention of constructing a new structure on the land and depriving him of the use of his land.
5. The Plaintiff stated that when the Defendants applied for a building permit from the Accra Metropolitan Assembly, the Defendants were informed of his interest in the land and their application was refused.
6. The Plaintiff added that upon learning of his interest in the land, the Defendants approached him and offered to buy the parcel of land they intended to develop from him, but he refused to sell the land to them.
7. It is the case of the Plaintiff that the Defendants however persist in their efforts to develop the land and unless restrained by the Court they will rapidly develop his land and deprive him of same.
8. By his action, the Plaintiff seeks the following reliefs: a. A declaration of title to all that piece of parcel of land lying and being at Kisseman in the Greater Accra Region of the Republic of Ghana, in extent 4. 76acres more or less bounded on the North East by Lessor’s land measuring 750’ more or less on the South East proposed road measuring 270’ more or less on the South West by Lessor’s Land measuring 600’ more or less on the North West measuring 320’ more or less.
b. Recovery of possession of the land described in relief (a). c. An order of perpetual injunction restraining the Defenda