GEORGE TETTEH ODONKOR VS ERNEST PAPA ARKU
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS- TETTEH (MRS.), J
Areas of Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this case, the plaintiff sought declaration of title, recovery of possession, and general damages for trespass for a piece of land in Adenta. Plaintiff provided substantial evidence and documentation supporting their ownership, while the defendant failed to provide any evidence or a timely defense, claiming he was out of jurisdiction. The High Court confirmed the alodial title holders' ownership, who transferred the land to the plaintiff. As a result, the court declared title in favor of the plaintiff, ordered recovery of possession, restrained the defendant from further trespassing, and awarded general damages of GH¢5000.
Plaintiff instituted this action on 9/7/10 for the following reliefs: 1. Declaration of title to all that piece of land situate and lying and being at Adenta as is more particularly described on the land Title Registry map no. 05/127/93. as parcel no. 197Block 1 section 122. 2. Recovery of possession of portion trespassed onto by the defendant.
3. General damages for trespass According to the statement of claim attached to the writ, the plaintiff’s title to the said piece or parcel of land is covered by land title certificate no. GA17073 and dated 18th October 2000. The defendant is said to have trespassed onto the land in dispute and has commenced building operations thereon.
It stated further that the plaintiff acquired title to the said piece or parcel of land from the Adjei Kwashie, Adjei Kpobi and Sowah Klotia families of Oyarifa on the 24th day of September 2000. The said Adjei Kwashie, Adjei Kpobi and Sowah Klotia families are the Alodial title holders of all that piece or parcel of land known as the Amanfro Koo bounded on the north west by the Kplen Koo being the Kplenwe family lands measuring 3435ft more or less and on the north east by the said kplenwe family lands measuring 2400ft more or less; on the south -east by the Accra-Dodowa roads measuring 6820ft more or less; on the south by the Agbawe family lands of Adenta measuring 2200ft more or less; on the south west by the Accra-Aburi Road measuring 3700ft more or less; on the north by the Owusuwe family land measuring 3100ft more or less; on the north west by the Owusuwe family land measuring 3500ft more or less covering an approximate of 624. 16 acres or 282. 78 hectares.
The ownership of the said piece or parcel of land by the said Adjei Quarshie, Adjei Kpobi and Sowah Klotia families was confirmed by the judgment of the High Court Accra dated 21st June 2005 in a suit entitled Nii Sowah Okataban II v. Samuel Adjei Ago suit no. L568/97 and in respect of the said lands the said families are the holders of a land title certificate no. GA12050. The plaintiff stated that ever since he acquired the said piece or parcel of land he has been in undisturbed possession and occupation of the same until he noticed recently that the defendant has trespassed onto the land and has commenced constructional development on the same.
The defendant, after service of the writ on him, did not file any appearance until plaintiff filed judgment in default of appearance and then he entered appearance but he filed