GEORGINA DARKOWAA ADDAE VS GEORGE QUAKYE OWIREDU & ANOTHER
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ALEX OWUSU-OFORI (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves land at Donkunah New Bortianor, Accra. The Plaintiff purchased the parcel in July 2018 from Nii Akotey IV, the Dzasetse acting Bortianor Mantse and lawful representative of the Bortianor stool, under an indenture (Exhibit GDA1). She took possession, built a fence and gate, and later constructed a single room with a caretaker. Her boundary walls were twice demolished, and despite warnings and an interlocutory injunction restraining both parties, the Defendants forcefully entered, broke the fence, and began rapid construction under the protection of land guards. The Defendants never appeared despite substituted service and hearing notices. The Court, applying sections 11, 14 and 17 of the Evidence Act (NRCD 323) and principles summarized in Duah v Yorkwa and Nyamah v Amponsah, required proof of title and found the Plaintiff’s documentary and testimonial evidence credible and unchallenged. It granted all reliefs: declaration of title, recovery of possession, a perpetual injunction, and awarded GH¢50,000 in trespass damages with GH¢20,000 costs.
The Plaintiff on the 5th day of August, 2021 caused a writ of summons to be issued against the Defendants herein for the following reliefs:
i) A declaration of title to all that piece or parcel of land situate lying and being at Donkunah New Bortianor, Accra in the Greater Accra Region of Ghana containing an approximate area of 0.34 acres or 0.14 hectares more or less and bounded on the North East by a proposed road measuring 69.3 feet more or less on the south East by the lessor’s land measuring 203.8 feet more or less on the South West by a proposed road measuring 71.0 feet more or less and on the North West by the lessor’s land measuring 219.8 feet more or less.
ii) An order for recovery of possession of the land described in relief (i) above encroached upon by the Defendants
iii) An order of the Honourable court perpetually restraining the Defendants, their agents, assigns, workmen, etc. from ever interfering with the Plaintiff’s quite enjoyment of the land described in relief (i) above.
iv) Damages for trespass.
v) Cost including lawyer’s fees.
vi) Any other reliefs that the Honourable court may deem fit.
All processes were served on the Defendants by substituted service as personal service on them proved futile, and after Hearing Notice on the same mode of service, this court on the 10th day of December, 2021, entered Judgment in default of appearance against the Defendants.
Among the reliefs sought for by the Plaintiff being a declaration of title to the land, the court was compelled to adjourn the suit to a date for the Plaintiff to prove her title to the land in dispute.
On 31st January, 2022 prior to a Hearing Notice served on the Defendants by substituted service, which as usual they failed to respond to, the Plaintiff was called upon by the court to mount the witness box to testify to prove her title to the disputed land.
She told the court that she acquired the land as described in the schedule on or about July, 2018.
That by an indenture dated 10th July, 2018 she purchased the land which is the subject matter of dispute from Nii Akotey IV, Dzasetse Acting Bortianor Mantse and Lawful representative of the Bortianor stool. A copy of the indenture was attached and marked as Exhibit “GDA1”
That immediately after the acquisition of the land, she entered into possession and erected a wall to divide her land from the adjoining land and erected a gate at the entrance of the land.
It is her case that the wall was broken down after three (