FRED OSEI BOATENG VS FIIFI BLANKSON & ANOR
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J.
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff claimed ownership of a piece of land gifted to him in 1986 and sought reliefs against the Defendants for trespassing and unauthorized construction. The 1st Defendant constructed a driveway through the Plaintiff's land, asserting it was an access road to his house with permission from the Municipal Assembly. The court found that the Plaintiff had valid title to the land, the 1st Defendant had trespassed, the Plaintiff's land was not a driveway, and the Municipal Assembly did not authorize the construction. Accordingly, the court ruled in favor of the Plaintiff and awarded costs.
The Plaintiff sued out an Amended Writ of Summons and Statement of Claim on 11th February 2013 against the Defendants for the following reliefs:
1. A declaration of title to all that piece or parcel of land situate at North Legon, Haatso, Ashongman (Ecomog), Accra containing an approximate area of 0. 51 Accra and bounded on the North East by demised land measuring 200 feet more or less on the South West by proposed road measuring 200 feet more or less and on the South West by proposed measuring 200 feet more or less and on the South East demised land measuring 120 feet more or less.
2. General damages for trespass.
3. An order for the demolition of unauthorised or illegal structures put up on Plaintiff’s land and charge the cost to the Defendants.
4. Perpetual injunction restraining the Defendants from interfering with Plaintiff’s quiet enjoyment of his land.
5. An order for repossession 6. Cost According to the pleadings of the Plaintiff, he acquired two plots of land as a gift from Nana Ohene Amoah on 11th November 1986 and took possession of same by putting up corner pillars and building materials and commenced the registration process by registering his title at the Lands Commission with indenture number 7734/1986 upon completion.
He further pleaded that sometime in 2011, his attention was drawn to the acts of trespass by the 2nd Defendant and warned his agents and workmen but they ignored him compelling him to lodge a complaint at the Kwabenya Police Station and the Property Fraud Unit when they continued to build up to the lintel level.
He pleads that he realised towards the end of 2011 that the 1st Defendant had pulled down his dwarf wall and constructed a drive way to his (1st Defendant’s) house right through the Plaintiff’s second plot of land and had put a gate in front of the road thus totally annexing Plaintiff’s second plot of land.
He says both Defendants have trespassed on his land and are determined to take away his land from him which will cause grave hardship on him.
The case of the 1st Defendant on the other hand, as per his Amended Statement of Defence filed on 15th February 2013 is that he acquired the land which is covered by a Land Title Certificate in 1989 and that the disputed land is an access road to his house which he has been using since the construction of his house in 1997. He pleads that he only re-constructed an old driveway with the knowledge of the Ga East Municipal Assembly (GEMA) to his house and has been