GEORGINA KUSI Alias GEORGINA ESI AIKINS VS REGINA DOSOO & ANOR
2018
HIGH COURT
GHANA
CORAM
- REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Property and Real Estate Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff acquired Ashaley Botwe land in 1984 and registered it in 2010. She sued Defendants for trespass, presenting ownership proof. Defendants cited a 2003 lease and construction. Court trials included survey assessments. Plaintiff's documents confirmed ownership, leading to a ruling in her favor with recovery, damages, and injunction against Defendants.
Plaintiff who is ordinarily resident in the United Kingdom took out this actionagainst Defendants through her Lawful Attorney Bempah Acheampong on 7thAugust 2012, praying the Court for the following reliefs: 1. Declaration of title to all that piece or parcel of land situate at Ashaley Botwe containing an approximate area of 0. 32 acre and bounded inthe North by Donor’s land measuring 100 feet more or less on the Eastby proposed road measuring 140 feet more or less on the South by Donor’s land measuring 100 feet more or less on the West by Donor’s land measuring 100 feet more or less.
2. Recovery of all the land described in 1 above.
3. Perpetual Injunction to restrain the Defendants by themselves, their heirs, servants, agents, successors and assigns or however so described from interfering with the Plaintiff’s enjoyment of the land.
4. General damages for trespass.
5. Costs.
Plaintiff’s case is that she acquired the land in dispute at Ashalley Botwe fromone Emelia Tettey by way of a gift in 1984 and made the customary thanks forthe gift.
Plaintiff said she took steps to register her land and was issued with aLand Certificate No TD 4678 in July 2010. Plaintiff said 1st Defendant is residentin the USA, and 2nd Defendant is 1st Defendant’s caretaker.
Plaintiff said hercaretaker informed her of Defendant’s trespass on her land.
Plaintiff said theDefendant’s trespass is preventing Plaintiff from continuing her development onher land.
Plaintiff said her caretaker, her next door neighbour, her worksForeman and her Attorney informed 1st Defendant’s care taker of the trespassbut they have refused to stop.
Plaintiff said on her visit to Ghana in 2006 shenoticed the trespass and informed 1st Defendant to stop the trespass.
She saidon another visit in 2009 she noticed that 1st Defendant was resolute in hertrespass and only a Court of competent jurisdiction can stop Defendants of theirunlawful acts.
2nd Defendant filed a Statement of Defence and denied all Plaintiff’s claim andsaid Plaintiff was not entitled to her reliefs.
2nd Defendant said she was acaretaker of 1st Defendant’s property.
After attempts at procuring 1stDefendant’s address from 2nd Defendant failed, 1st Defendant was served bysubstituted service.
In 1st Defendant’s Defence and Counterclaim she stated thatshe acquired her land covering 0. 16 acre at Ashale Botwe by way of a Lease forninety-nine years, from the same Ashalebotwe (Ashale Botwe) Family acting byNuumo Amasah Nikoi, Nuumo