2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court land title dispute arose from Jamca Mining & Trading Enterprise’s director purchasing a 2.088-acre parcel at Mpota in June 2012 from the Royal Tekyina Aboradze family through head of family Ebusuapanyin Kofi Essuman, after a search confirmed it was family land and the deed was registered. He took possession and built a single room, later encountering Defendants’ workers digging trenches; Defendants fenced roughly two-thirds of the land and claimed a 2013 grant from Ebusuapanyin Kwesi Gurah for a gas station. The Court rejected attempts to frame the case as a chieftaincy matter, found Essuman was head of family at the material time, and emphasized proper conveyancing and burden of proof. Defendants failed to produce any documentation of their alleged purchase. The Court declared Plaintiff’s title, granted recovery and a perpetual injunction, awarded GH₵20,000 damages for trespass and GH₵30,000 costs, and ordered removal of the fence wall.
J U D G M E N T
The Plaintiff on the 27th day of January, 2014 caused a Writ of Summons to be issued
against the Defendants herein and claimed jointly and severally against them for the
following reliefs:
a. Declaration on title to all that piece or parcel of land situated, lying and being at
Mpota in the Gomoa East District in the Central Region of the Republic of Ghana the
boundaries whereof commencing from survey pillar No. SGC/A195/08/02 for a distance
of 8075.94’ feet on a bearing of 236.6’19 which bearing together with all further bearing
hereinafter mentioned is referred to the Meridian 1° Longitude of pillar marked SGC/F
102/12/1, thence bearing 215o.26’16 for a distance of 308.30’ feet to pillar marked
SGC/F102/12/2, thence on bearing 313o.10’16 for a distance of 298.78’ feet to pillar
marked SGC/F103/3, thence on bearing of 33°.56’31 for a distance of 299.08’ feet pillar
marked SGC/F102/12/4,thence on a bearing of distance of 305.44’ feet to pillar marked
SGC/kce2/01/2, thence on a bearing of 55°.27’1’ for a distance of 78394.08’ feet the point
of commence and thereby enclosing an approximate area of 2.088 acres.
b. Recovery of possession.
c. An order for perpetual injunction restraining the Defendants, his family, workmen,
agents, purported lessees, assigns, personal representatives, descendants etc. and
anyone claiming through or under Defendants from interfering with the peaceful
enjoyment of the disputed land by the Plaintiff.
d. General Damages for trespass.
e. Order for removal of the fence wall at the cost of the Defendant.
f. cost including lawyers cost incidental to the suit.
BRIEF FACTS OF THE CASE
It is the case of the Plaintiff that he is the director of Jamca mining and trading
enterprise and lives at Dunkwa-on-Offin.
The Plaintiff contends that by an indenture dated the 15th day of June 2012 he acquired a
land, the disputed land herein from the Tekyina Abradzie family of Gomoa Mpota
represented by the Head of Family Ebusuapanyin Kofi Essuman. The Plaintiff avers
that a search conducted on the land indicated that the land is a family land and was
granted to Jamca Mining & Trading Enterprise by Ebusuapanyin Kofi Essuman.
The Plaintiff avers that the land was paid for, documents were executed and the
transaction concluded and he described the land thus:
All that piece or parcel of land situated , lying and being at Mpota in the Gomoa
East District in the Central Region of the Republic of Ghana boundari