GIDEON SOWAH VS CATHERINE SELORMEY
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE GIFTY DEKYEM (MRS.)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Justice Gifty Dekyem, adjudicated a land dispute at Aburi Hontorm. The plaintiff traced his claim to a 2015 conveyance from Yaw Danquah rooted in a 1977 family gift by Ofei Yeboah (Nana Yaw Kesse). Defendant Catherine Aku Selormey (Catherine Allotey) counterclaimed that she purchased two plots from Nana Yaw Kesse in 1998, paid via Jane Tenkorang, went into possession with Botwe as caretaker, erected pillars, and later received a 2014 indenture, indexed by the Lands Commission. After the plaintiff abandoned the suit, the court proceeded on the counterclaim, relying on the Evidence Act’s preponderance standard and Supreme Court authority permitting proceedings when a party spurns a hearing. The court found Selormey’s receipts, indenture, possession, and acknowledgments established title and that the plaintiff’s foundation works constituted trespass. It entered judgment declaring title for Selormey, granting possession, awarding GHS 10,000 damages, issuing an injunction, and awarding costs of GHS 50,000.
The Plaintiff filed a writ of summons and statement of claim on 26th September, 2016 and sought the following reliefs: I. Declaration of land bounded on all sides by pillar SGEB 563 15 4 bearing 126’44 measuring on that side a distance of 83. 6 ft more or less of the North-West by pillar SGEB563 15 2 pillar SGEB563 15 3 bearing 050’43 measuring on that side a distance of 142. 1 ft more or less on the South-West by pillar SGEB563 15 1 – pillar SGEB563 15 2 bearing 330 with the mark 01 measuring 90. 0 ft more or less on the South -East by pillar SGEB563 15 4 – pillar SGEB563 15 1 Road bearing 228’12 measuring 177. 0 ft more or less which piece of land is more particularly delineated on the Site Plan dated 3/7/15. II.
General damages for trespass against the defendant.
Perpetual injunction restraining the defendant, her assigns, agents, privies and heirs from entering or interfering or having anything to do whatsoever with the land the subject of dispute.
The Plaintiff averred that the above-described land formed part of a large tract of land originally acquired by the late Yaw Kesse who was succeeded after his death by Kofi Danso, Bampo Yeboah and Ofei Yeboah consecutively.
According to the Plaintiff when Ofei Yeboah succeeded, he gifted the family land to two of his nephews and a niece in 1977, namely Kwame Okai, Akosua and Yaw Danquah.
Yaw Danquah conveyed a portion of his land to the Plaintiff in 2015 and which land was registered at the Lands Commission, Koforidua.
The Plaintiff enjoyed uninterrupted possession until the defendant trespassed on the land.
Plaintiff averred that he had commenced the construction of a foundation and had about 1000 cement blocks on the land.
Defendant per her amended statement of defence and counterclaim filed 15 May 2018 denied the Plaintiff’s claim.
She averred that, she purchased the disputed land made up of two plots measuring 200 feet x 100 feet from Nana Yaw Kesse and covers an approximate area of 0. 42 acres at Aburi in 1997. Defendant averred that Nana Yaw Kesse’s nephew called Botwe pleaded with Defendant to farm on the land until such time that the Defendant would require the land to develop which she agreed.
Defendant thereafter travelled to the United States of America and upon her return in 2013, she was introduced to Sakatu by Botwe as the latter’s cousin who had also farmed on portion of the land.
The two pleaded with the Defendant for time to vacate the land.
Subsequent to the Defendant’s visit to