FRED OSEI BOATENG VS FIIFI BLANKSON & ANOR

In the Ghana High Court, Her Ladyship Mrs Merley Wood J decided a residential land dispute at North Legon, Haatso, Ashongman (Ecomog), Accra. The claimant asserted ownership of two plots gifted by Nana Ohene Amoah in 1986, registered under indenture No. 7734/1986, and evidenced by possession through corner pillars and building materials. By late 2011, he discovered the first defendant had pulled down his dwarf wall, created a driveway through his second plot to the defendants house, and installed a gate; the second defendant had also encroached. The first defendant relied on a Land Title Certificate (GA 17865) and a 2013 Ga East Municipal Assembly building permit, claiming the portion was an access road. The Municipal Assemblys Town and Country Planning Director testified that the planning scheme did not permit a vertical access through the claimants plot and that the first defendant did not comply. Applying the Evidence Act burdens and confirming the gifts validity under the Administration of Lands Act, the court found title proven and possession established, and concluded the driveway and wall were trespass. The court ordered declaration, demolition of structures, perpetual injunction, repossession, and GH25,000 costs.