HANNAH MENSAH @ ESI AWOYO v. KOBENA EBO
June 16, 2023
DISTRICT COURT
GHANA
CORAM
- HIS HONOUR ISAAC APEATU
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Probate and Succession
- Tort Law
June 16, 2023
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
The District Court, presided over by His Honour Isaac Apeatu, resolved a land title dispute concerning a parcel at Yaabem, Agona Swedru. The plaintiff, a Prophetess at Apostles Church branch No.2 and the customary successor to Kofie Owuayem’s estate, traced title to Owuayem’s 1937 acquisition from Sub-Chief Kojo Yeboah and longstanding possession, including a seven‑room house. The defendant, Owuayem’s grandnephew and Apostles Church branch No.1 member, demolished the old buildings and began new construction without the plaintiff’s consent and failed to appear despite service. Applying the Evidence Act and Ghanaian precedents, the court held that site plans are not title instruments but found title through traditional evidence and acts of possession, recognized Fanti customary succession, and concluded the defendant trespassed. It declared title for the plaintiff, ordered recovery of possession, granted a perpetual injunction, awarded GH20,000 general damages and GH5,000 costs, and declined an order to demolish structures as beyond its remit.
This is a suit filed for declaration of title in respect of a piece of land situate at
Yaabem in Agona Swedru which boundary has been described in the writ of
summons. The Plaintiff traced her source of title to the land to one Kofie Owuayem.
According to her, the said Kofie Owuayem acquired the land and put up a building
on it. That the land belongs to her having passed on through a line of successors to
her. That the even though the Defendant is aware of this fact, he has caused the
building to be demolished and is hastily constructing a new one in its place. Tried as
she did, the defendant would not budge. Unable to get the Defendant to abate his
trespassory acts, the Plaintiffs filed a writ of summons on the 11th day of August, 2022
and sought the following reliefs:
a. Declaration of title and recovery of possession of the land described in
paragraph 3 of the statement of claim
b. Perpetual injunction restraining the Defendant, his agents, servants, workmen,
privies, assigns and all those deriving any authority from her to desist from
having any dealings on the disputed land.
c. An order directed at the Defendant to demolish any structure or building
erected on Plaintiff’s land forthwith.
d. General damages for trespass
e. Costs
f. Any further relief the honourable court may deem appropriate.
In a Statement of Claim filed alongside the Writ of Summons, the Plaintiff averred to
the effect that she is a Prophetess at Apostles Church branch No.2 and a customary
successor of the late Kofie Owuayem. That the Defendant is a member of Apostle
Church branch No. 1 and a grandnephew of the late Kofie Owuayem. That the late
Kofie Owuayem acquired a parcel of land from the late Sub-Chief Kojo Yeboah on
the 18th of August 1937. That the land is situated at Yaabem area at Agona Swedru in
the Agona West Municipality of the Central Region of the Republic of Ghana referred
from peg D823/ 17/2 for a distance of 4985.25 feet more or less on a bearing of 144.0
degrees to Peg Al and commencing from Peg Al is bounded on the North by S.R.
Quarm and W.Y. Eduful's property measuring 104.4 feet more or less on a bearing of
093 degrees 49', thence to Peg A2 on the East by Eduful Road measuring 75.9 feet
more or less on a bearing of 178.02 degrees, thence to Peg A3 on the South by Central
Market Bebianeha Road measuring 109.5 feet more or less on a bearing of 271.22
degrees, thence to Peg A4 on the West by Keelson's property measuring 80.3 feet
m