HENRY KWESI DZEKLO VS JOHN KOKOROKO
2024
HIGH COURT
GHANA
CORAM
- CHARITY A. ASEM (MRS) J.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Contract Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court land title dispute from Sokode-Etoe near Ho involves Henry Kwasi Dzeklo, who bought approximately 12.3 acres from Kosi Misroame, with documentation later executed by the Kokoroko family head, Patrick Kwaku Kokoroko. Patrick asserted that about 4.88 acres overlapped another owners property, carved that portion out, and then resold the same 4.88 acres to Dzeklo, issuing a receipt and a deed of variation. Dzeklo farmed the land, but when Patrick denied access, he reported to police and went to family arbitration; only one acre was offered. After Patricks death, the new family head (defendant) similarly denied access and sought a resale. Applying burden-of-proof principles and Ghanaian precedents, the court found Patricks conduct fraudulent, held the 4.88 acres still formed part of the original grant, bound the successor head to predecessor liabilities, granted Dzeklos declarations, possession, and injunction, and awarded costs.
Per the writ of Summons sealed at the registry of this court on the 6/12/2021 accompanied with a statement of claim the plaintiff claimed against the defendant the following relief set out hereunder; a) A declaration of the court that the plaintiff is the owner bona fide of the subject matter property.
b) A declaration of title to all that piece or parcel of land situate lying and being at Sokode Etoe commonly called Dekpo Land covering an approximate area of 4. 88 acres more or less is bounded as follows: To the South West by Dobaga’s property measuring 640 feet more or less. To the North-East by Dobaga and farm road measuring 418 feet more or less. To the North West by the Purchaser’s property measuring 475 feet more or less. To the Sourth-East by the Purchaser’s property measuring 389 feet more or less.
c) An order of possession of the subject matter.
d) Perpetual injunction restraining the Defendant and his Kokoroko family, their agents, assigns workmen and successors of whatever description from having anything to do or interfering in the quiet possession and enjoyment by the Plaintiff.
e) General damages.
f) Costs including legal fees.
The defendant acknowledged service of the writ whereas he entered an appearance through his lawyer who subsequently filed a defence on 13/01/2022 practically denying every positive averment made by the plaintiff.
Particularly defendant’s denial shows that their family the Kokoroko family had not at any material time negotiated to sell or neither sold the said 4. 88 acres of land or proposed to replace the said land through Patrick Kwaku Kokoroko.
That any knowledge defendant and his family had on the matter was when plaintiff pleaded with his family to help solve the problem after plaintiff reported him Defendant to the police at Ho.
Case of the Plaintiff It is plaintiff’s case that; 1. He is a businessman and I live in Ho in the Volta Region of Ghana.
2. That the Defendant is currently the Head of the Kokoroko family of Sokode-Etoe.
3. That he purchased 12. 3 acres of land more or less from one Kosi Misroame at Sokode Etoe near Ho.
4. The named land was receipted and subsequently he was provided with an indenture by Kosi Misroame’s grantor called Patrick Kwaku Kokoroko of Sokode-Etoe. (Exhibit ‘A’)5. This was because his grantor had at the time not received title deeds from the Defendant’s father and in those days’ honesty under pinned transactions of this nature.
6. Subsequently, Plaintiff wa