FOCAL CONSULT & ANOR VS FINEST OIL COMPANY LIMITED & ORS
2018
HIGH COURT
GHANA
CORAM
- JUSTICE ALEXANDER OSEI TUTU
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around a land dispute in Tema Development Acquisition Area. Plaintiffs claimed ownership, acquired in 2011 from original lessees with TDC's consent, filing for possession, damages for trespass, and injunction against Defendants. The Defendants claimed the land was allocated by Nungua Traditional Council but admitted it fell within TDC's jurisdiction. The court upheld the Plaintiffs' title, noting documentary proof and acts of possession. It dismissed the second Plaintiff as a party, found the Defendants' claims fraudulent, and awarded possession, damages, and costs to the Plaintiffs.
The Plaintiffs commenced their action against the first and second Defendants on 15th January 2015. Pursuant to a joinder application, the third Defendant was joined to the suit on 13th October 2016. The joinder triggered the filing of an amended writ and statement of claim by the Plaintiffs.
In the said amended writ of summons, the Plaintiffs sought the following reliefs:
a. A Declaration that the First Plaintiff is the lawful owner of a parcel of land covering an approximate area of 20. 00 acres situate and lying within the Tema Development Acquisition Area, virtually opposite the Regional Maritime University with the boundaries described on the endorsement of the writ.
b. Recovery of possession and perpetual injunction and c. General damages for trespass and an order directed at the first and second Defendants to remove all offensive structures and debris on the Plaintiffs’said land and refill and restore the said land to its original state at their own expense.
d. Costs including solicitors fees.
After the close of pleadings, the following issues filed were adopted by the Court.
a. Whether or not the Plaintiffs acquired the disputed land from Dr. Louis Kamba Simango and V. E. O. Portuphy-Lamptey with the consent of the Tema Development Corporation and same has been registered at the Lands Commission in the name of the first Defendant.
b. Whether or not the Defendants applied to the Tema Development Corporation for the acquisition of the land but same was refused because the disputed property has been granted to the Plaintiffs.
c. Whether or not on three occasions the Defendants structure was demolished by the T. D. C Task Force after he had been warned to discontinue the construction on the land.
d. Whether or not the Plaintiff reported the Defendants to the police and upon inquiry from T. D. C. the police warned the Defendants to discontinue their activities on the land.
e. Whether or not the Defendants purported acquisition of the land in dispute is fraudulent.
f. Whether or not the Plaintiffs are entitled to their claims g. Whether or not the third Defendant is the allodial owner of the land in dispute even after the Tema Development Corporation’s acquisition? h. Whether or not the third Defendant has any right to alienate any portion of the land in dispute to the first and second Defendants? i. Whether or not the purported grant of the land in dispute by the third Defendant to the first and second Defendants is unlawful and/or illegal.