GEORGE WEBADUAH-KUYI & ANOR VS MR. OSEI
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a land dispute between plaintiffs claiming ownership based on a 2007 deed and the defendant claiming ownership based on a 2015 deed, both purportedly from the same grantor. The court examined evidence including forensic analysis of documents and witness testimony. It found the plaintiffs' document was likely forged and the defendant had valid title. The court dismissed the plaintiffs' claim and granted the defendant's counterclaim, declaring title in the defendant's favor for the disputed plot. The judgment highlights principles of land ownership, evidence assessment, and the importance of proper pleadings in property disputes.
Plaintiffs’ Case The plaintiffs are citizens of Ghana and a married couple.
It is the plaintiffs’ case that they acquired the land in dispute which amounted to two plots in 2007 as evidenced by a deed of indenture dated the 24th day of July 2007 between one Ebenezer Tetteh Anteh and the plaintiffs.
The plaintiffs aver that since acquiring the land, they have exercised overt acts of ownership and possession by constructing a dwelling house on one half portion of the land which they have been living in since 2008. On the other half of the land, they have planted food crops and economic trees and have also put petty traders with kiosks and containers on the frontage of the land.
It is this other half that the defendant has trespassed.
The plaintiffs assert that until the defendant’s trespass, they had been in undisturbed possession of the land.
The second plaintiff asserts that on or about the 29th day of November, 2016, the defendant brought some cement blocks onto the land in dispute and informed the plaintiffs that the land had been sold to him by one T. T. and Lawrence Armah Anteh.
When the defendant repeated this act, the plaintiffs reported his actions to the Ashongman Police Station where both parties produced their respective title documents.
The plaintiff asserts that at the Police Station, the said T. T. in the company of Lawrence Armah Anteh and one Sarah Deedei Tetteh, upon looking at the plaintiffs’documents, informed them that their grantor did not have the right to sell the land and therefore the documents were fake.
According to the plaintiffs, the Police accepted the pronouncement of the defendant’s grantors and called off the meeting.
It is the plaintiffs’ case that despite several warnings to the defendant to desist from the acts complained of, the defendant has persisted in his acts of trespass with impunity, harassment and intimidation.
The plaintiffs assert that the actions of the defendant are causing them great distress and hardship and from all indications the defendant and his agents will not stop their unlawful activities of intimidations and harassment unless restrained by the Court.
The plaintiffs further assert that they bought the land in good faith without any encumbrances or defects whatsoever from their grantor or anyone else.
The plaintiffs further state that they are bona fide purchasers for value without notice.
The plaintiffs therefore claimed the following reliefs against the defendant: a) A declaration of t