IBRAHIM BABA ALHASSAN VS BABA IDDRISU SOROGHO
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over land ownership between Ibrahim Baba Alhassan (Plaintiff) and Baba Iddrisu (Defendant). The Plaintiff claimed to have acquired the land in 2016, while the Defendant asserted ownership since 2007. The court examined evidence of acquisition, possession, and land registration. Despite the Plaintiff having a registered land certificate, the court found that the Defendant had acquired the land earlier and demonstrated stronger evidence of possession and ownership. The court ruled that the Plaintiff's land certificate was issued in error and based on a defective title. The Plaintiff's claim was dismissed, and judgment was entered in favor of the Defendant's counterclaim. The court ordered the cancellation of the Plaintiff's land certificate and awarded damages and costs to the Defendant. This case highlights the principle that registration alone does not confer indefeasible title and that courts must consider the underlying facts in land ownership disputes.
The facts of this case are that the Plaintiff, Ibrahim Baba Alhassan, is a business man resident in Accra while the Defendant, Baba Iddrisu or Baba Iddrisu Seidu Sorogho is the Managing Director of Sorogho Ltd. The Plaintiff’s case is that, by an indenture dated 15th March 2016, he acquired the land in dispute from a Taiwanese businessman called Huang Ching-Tiem and is in the process of registering his title in the said land at the Land Title Registration Division of the Lands Commission.
He claims that his vendor, Huang Ching-Tiem, acquired his interest in the land in dispute from Sabah Estates Development Ltd in 1996 while Sabah Estates Development Limited also acquired its interest in the land in dispute from Nii Ashikwei Oshiapem, the Dzasetse of Lenshie Quarter of Teshie.
The Plaintiff claims further that before acquiring the land in dispute, he conducted an official search at the Lands Commission and was satisfied, from its outcome, that his vendor was a registered proprietor of the land in dispute.
He further claims that there were dwarf footings on the land in dispute when he acquired it for the purpose of constructing a dwelling house.
The Plaintiff states that he took possession of the land without obstruction from any quarters and enjoyed quiet possession of same until the Defendant, in recent times, entered the land forcefully and began to develop it in spite of Plaintiff’s resistance to this intrusion.
Plaintiff maintains that the Defendant will not stop developing the land in dispute if the Court does not intervene.
He is therefore claiming, per the endorsement on his writ of summons, the following reliefs; a) Declaration of title to all that piece or parcel of land situate, lying and being at West Teshie, Accra in the LEKMA Municipality in the Greater Accra Region of the Republic of Ghana and containing an approximate area of 0. 17 Acre or 0. 07 Hectare more or less and bounded on the North-West by proposed road measuring 69. 1 feet more or less on the South-East by Assignor’s land measuring 89. 4 feet more or less on the South-West by Assignor’s land measuring 87. 6 feet more or less on the North-West by Assignor’s land measuring 99. 6 feet more or less.
b) An Order of Recovery of possession of the said land; c) An Order of Perpetual Injunction restraining the Defendant, his agents, assigns and all those who claim through him from trespassing unto the said land; and d) Damages for trespass.
The Defendant, on the other hand, filed a