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FRED ADORMSON & ORS V. MRS. LYELA TETTEH

December 22, 2010

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

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

AI Generated Summary

The administrators of the estate of the late Nene Okle Amponsah (also known as Alexander Adormson) sued asserting title to land associated with NALEX FARM and alleged trespass and damages for destruction of fish ponds and fencing. The defendant denied trespass and asserted title under Land Title Certificate No. TD1494. A composite plan prepared by the Lands Commission showed the parcel in the plaintiffs 1982 indenture (Exhibit A, Land Registry No. 2585/1982) did not match the defendants titled parcel. The plaintiffs attempted to cure the mismatch via a statutory declaration (Exhibit D), but the court, relying on Supreme Court guidance, rejected it as self-serving and non-probative in a contested context. Evidence from local officials and a family member established the fish ponds had been abandoned many years earlier. The court dismissed the plaintiffs claims, upheld the defendants counterclaim by declaring title and issuing a perpetual injunction, denied trespass damages, and awarded costs.

JUDGMENT