GHANA MUSLIM MISSION v. HARUNA OPPONG BOATENG
2016
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Tort Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a land dispute in Beposo, Ashanti, where the plaintiff sought a declaration of title, damages for trespass, recovery of possession, and an injunction against the defendant. The court found in favor of the plaintiff, determining that the plaintiff had acquired the land from the Beposo Stool in 1982 and had taken appropriate steps to perfect their title by 1989. The court ruled that the defendant's claim of possession via his grandmother was unsupported and doubtful. The plaintiff was awarded general damages for trespass, and the defendant was ordered to vacate the disputed land.
JUDGMENT
This is one of several cases which I inherited upon assuming additional responsibilities at the Land Court 2, Kumasi sometime in February, 2016. The original writ of summons and statement of claim were issued out of the registry of this court on 14/05/09 wherein the plaintiff sought the under listed reliefs:
Declaration of title to all that piece or parcel of land situate and lying at Beposo, Ashanti and encompassing an approximate area of 33.76 acres and covered by lease dated 20th April 1989.
General damages for Trespass
An order for recovery of possession of the portion of the plaintiff's land described in relief (a) supra
and unto which the defendant has trespassed
An order of perpetual injunction restraining the defendant herein whether by himself, his agents, workmen, assigns and any other persons claiming through, under or in trust from him from in any way interfering with the plaintiff's right, title to and quiet enjoyment of the land the subject matter instant action or in any way dealing with same.
After issuing out the writ in 2009, the plaintiff abandoned the suit until a notice of intention to proceed was filed on 20/04/11. With leave of the court, the statement of claim was amended on 27/1/12. The defendant filed his statement of defence on 22/05/09 and amended the same with leave of the court on 26/01/12. However, the plaintiff did not amend his reply filed on 20/10/11.
Pursuant to an order of the court dated 26/01/12, the plaintiff filed amended issues for trial and the defendant also filed two additional issues. Put together, the issues for trial are these:
1. Whether or not the plaintiff acquired the disputed land from the Beposo Stool in 1982?
2. Whether or not the Plaintiff went into immediate occupation of the disputed land and constructed structures thereon?
3. Whether or not the defendant has been in undisturbed possession of the disputed land for decades after acquiring same?
4. Whether or not the Defendant's said grandparents acquired the disputed land for farming purposes by customary grant?
5. Whether or not the land in dispute is a stool land or was a virgin forest cultivated by the defendant's ancestors as indigenes?
6. Whether or not the defendant has been in undisturbed possession for decades after acquiring same from his grandparents?
7. Whether or not the plaintiff is entitled to his claim?
8. Any other issues raised by the pleadings.
THE PLAINTIFF'S CASE
The plaintiff's case was encapsula