GIDEON SOWAH VS CATHERINE SELORMEY
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE GIFTY DEKYEM (MRS.)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of ownership, damages, and an injunction related to a disputed piece of land, alleging it was conveyed to him legally. The defendant denied the claim, stating she had purchased the land in 1997 and counterclaimed for ownership. After the plaintiff abandoned the suit, the court struck out his claim. The defendant proceeded to prove her ownership through documentary and testimonial evidence. The court found in favor of the defendant, granting her title to the land, recovery of possession, damages for trespass, and a perpetual injunction against the plaintiff. Costs were also awarded to the defendant.
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