FRANK ARTHUR AND ANOTHER VS AYESHA ABUBAKAR AND OTHERS
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP (SIR) DENNIS ADJEI, JA
Areas of Law
- Property and Real Estate Law
- Administrative Law
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a complex land dispute in North Kanashie, Accra, where multiple parties claimed ownership of a parcel of land. The court determined that the disputed land was part of state land acquired in 1929 and allocated to the Ghana Police Service. The plaintiffs' structures were unlawfully demolished by the 3rd defendant (AMA), despite having a temporary building permit. The court awarded damages to the plaintiffs against the 3rd defendant but dismissed their claims for declaration of title. The 2nd defendant's Land Title Certificate was partially invalidated where it affected state land. The case highlights important principles in Ghanaian property law, including the government's power to acquire land, the role of the Lands Commission, and the courts' authority to cancel land certificates in cases of mistake or fraud.
The Plaintiffs per their Amended Writ of Summons claim against the defendants jointly and severally for the following reliefs: “(i) Declaration of title to all that piece or parcel of land situate, lying and being at North Kanashie, Accra, containing an approximate area of O. 24 acre, and bounded on the North West by purposed road measuring 40 feet more or less on the South East by land measuring 108 feet more or less on the North East by a lane measuring 150 feet more or less on the South West by land measuring 140 feet more or less.
ii) Declaration that the 3rd Defendants Land Title Certificate was issued by mistake or by fraud and a further order to cancel same as a nullity.
iii) Recovery of Possession.
iv) An order for perpetual injunction restraining the 1st, 2nd, and 3rd Defendants, their principals, agents, servants, workmen, and assigns or howsoever from interfering in any manner whatsoever with the plaintiffs’ use or possession of the disputed plot.
v) Special damages.
vi) General damages for trespass; (vii) Legal Costs of instituting this action”. The defendants resisted the plaintiffs’ claim and described the plaintiffs as squatters.
The 1st defendant further counterclaimed against the plaintiffs for the following reliefs: “1. Declaration that Mantse Ankrah family its Lessors are the owners of all that piece or parcel of land being at industrial Area, Accra and bounded on North East by proposed land measuring 180 feet more or less on the North West by Lessors land measuring 350 feet more or less on the East by the Lessor’s land measuring 265 feet more or less on the South by the Lessor’s Land measuring 240 feet more or less on the West by Lessor’s land measuring 440 feet more or less and containing an approximate area of 2. 67 Acres which land includes the land the subject matter of dispute.
2. Damages for trespass.
3. Perpetual Injunction to restrain the plaintiffs by themselves, their assigns, workmen, agents or otherwise whosoever from entering unto the land occupied by the Defendants”. The 3rd defendants however admitted demolishing the plaintiffs structures on the disputed land but gave the basis for their action from the statutory powers conferred on District Assemblies by the Local Government Act, 1993 [Act 462] to remove all unauthorised structures constructed without permits.
The Co-defendant who was joined to the suit by the court suo motu filed its defence and stated that both plaintiffs and 1st and 2nd defendants are tre