GEORGE BOAFO vs SARAH ACQUAH & ANOR
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JENNIFER ANNE MYERS AHMED (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff filed suit seeking multiple reliefs regarding disputed land in North East Kwashieman, claiming he owned the five plots since 1989. The 1st defendant counterclaimed, stating she owned 2.5 plots as part of a divorce agreement and sold part to the 2nd defendant. The court considered issues including fraudulent documents, error in property size, and statute of limitations. The court found the plaintiff's action was not statute-barred and declared the 1st defendant as the owner of the disputed 2.5 plots based on evidence and legal principles of possession and priority of equitable interests.
The plaintiff by a writ of summons sued the defendants for the following reliefs:
a. Declaration of title to all that piece of land situate, lying and being at North East Kwashieman and more particularly described in the Schedule below.
b. Perpetual injunction restraining the Defendants, their privies, assigns, workmen or whomsoever from trespassing on the Plaintiff’s land and/or interfering with the enjoyment of the said property.
c. Recovery of possession.
d. An order of ejectment of 2nd and 3rd Defendants from the land in dispute particularly described in the schedule.
e. Damages for trespass against Defendants.
f. General Damages.
g. Cost. h. Any other order(s) as the Honourable Court may deem fit.
The 1st defendant entered appearance and thereafter filed her statement of defence andcounterclaim, praying for the following: a. A declaration that 1st Defendant is the owner of the 2. 5 plots of land adjoining the 6 bedroom house situate at North East Kwashieman, by virtue of the parties mutual agreement as part of the property sharing arrangements after the dissolution of their marriage in 1997. Or in the alternative b. A declaration that the 1st Defendant is the purchase and/or co-owner of the 0. 80 acres of land situate at North East Kwashieman, Accra and is therefore entitled to the 2. 5 plots of land adjoining the 6 bedroom house constructed by 1st Defendant and Plaintiff on one half of the 0. 80 acres of land.
c. Declaration of title in 1st Defendant of the said 2. 5 plots of land.
d. Costs including legal fees.
The second defendant entered appearance and filed a statement of defence but made nocounterclaim.
At the close of pleadings, the following were the issues that were set down for determination by this court: 1. Whether or not the 5 plots of land were purchased by the Plaintiff or 1st defendant.
2. Whether 1st Defendant documents/lease over the two plots of land was fraudulently obtained.
3. Whether the error in the size of the Plaintiff’s purchased property was a genuine error.
4. Whether the plaintiff’s action in respect of the disputed land is statute barred.
5. Whether the plaintiff is estopped by laches.
6. Whether it is equitable and just to grant 1st Defendant the disputed portion of land.
7. Whether or not the 5 plots of land acquired from the Ahiaku family of Kwashieman in 1989 was covered by two separate deeds of conveyance.
8. Whether or not the 6 bedroom house adjoining the land in dispute was built by Plai