FLORENCE AGGUDEY & ORS VS MRS DJABA & ORS
2016
HIGH COURT
GHANA
CORAM
- REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs brought an action claiming ownership of land in Mamobi against Defendants, who counterclaimed asserting Plaintiffs procured the registration of the land by fraud. Plaintiffs' evidence showed continuous possession from 1968, supported by documents and witnesses. Defendants lacked clear identification of their land and possessory acts. The court determined Plaintiffs owned the disputed land, with Defendants' counterclaims failing. The court awarded GH¢20,000 in damages to Plaintiffs and established legal principles regarding the burden of proof, evidence of fraud, and land recovery under the Limitations Act.
Plaintiffs issued the original Writ of Summons on the 8th May, 2012 against the 1st and 2nd defendants. Pursuant to an order for joinder dated 20th June 2012, Plaintiffs filed an amended Writ of Summons to include Tower of Love Ministry as 3rd Defendant, on 27th June 2012 for the following reliefs:
A declaration that Plaintiffs are the owners of all that piece or parcel of land described in the schedule to the Statement of Claim: “All that piece or parcel of land situate lying and being at Mamobi and containing an approximate area of 0.46 acre and bounded on the North-West by a road from Accra New Town to Achimota Road measuring 100 feet more or less, on the South-East by Osu Stool Land measuring 100 feet more or less, on the South-West by J. A. Coker's property measuring 200 feet more or less and on the North-East by Osu Stool Land measuring 200 feet more or less.”
Recovery of possession.
Perpetual injunction to restrain the Defendants either by themselves or their assigns, agents, privies and workmen from interfering with Plaintiffs’ quiet enjoyment of the land.
General damages.
Plaintiffs with leave of the court filed a further amended Statement of Claim on 7th July 2014. 1st and 2nd Defendants filed their appearance on the 16th of May 2012 and filed their Statement of Defence on 29th May 2012. 1st and 2nd Defendants filed a further amended Statement of Defence and Counterclaim on 30th June 2014 with leave of the court on 23rd June 2014. 1st and 2nd Defendants counterclaimed for the following reliefs:
a. A declaration that the registration by the Plaintiffs at the Land Title Registry of the Defendants’ late father’s land described in the conveyance between Emmanuel Yaw Attigah and Joseph Tetteh Djaba registered in the Deed Registry as 131/1975 in Plaintiffs’ names was procured by fraud and/or a mistake and therefore null and void.
b. An order setting aside the said registration and cancelling the Plaintiffs' Land Certificate Number GA 25032 registered in Volume 6 and Folio 551 under Section 9 of Land Title Registration Act, 1986 (PNDCL 152) as having been obtained by fraud.
c. An order of perpetual injunction to restrain the Plaintiffs, their agents, assigns, and workers from entering and interfering with the land in dispute.
Plaintiffs amended their Statement of Claim and filed a Reply and Defence to Counterclaim on 14th March 2014. The Directions were taken on the 16th April 2013, and the issues set down for trial were as follows:
Whether or