JAMES YAOVI AGBETSOAMEDO vs WILLIE HAUCK
2024
HIGH COURT
GHANA
CORAM
- JUSTICE JOHN EKOW MENSAH, J.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff, acting for his family at Kpando Aziavi, sued defendant over Aborluve land, seeking declaration of title, damages for trespass, recovery of possession, and a perpetual injunction confining defendant’s entry to a 100 feet by 200 feet plot the family says it sold to Arthur Agor, who then conveyed it to defendant. Alongside the suit, plaintiff moved for an interlocutory injunction to halt ongoing construction. Defendant opposed, asserting he purchased a 3.04-acre parcel from Agor in 1994 (later surveyed at 3.73 acres), has possessed the land for over 25 years, and built a dwelling house and water reservoir, with photographic evidence. Applying Supreme Court guidance from Owusu v. Owusu Ansah, the High Court weighed affidavits and the balance of hardships, found damages adequate if plaintiff ultimately prevails, and refused the motion, directing expeditious trial.
Per the indorsement on his writ of summons the plaintiff claims against the defendant for the following: -1) Declaration of title to all, that piece or parcel of land known as Aborluve land situate lying and being at Kpando Aziavi and bounded as follows: -On the first side by the property of Togbe Drawusie.
On the second side by the property of Adja Kotia.
On third side by the property of Tonwundeh.
On the fourth side by Sovie-Aziavi motor road.
Damages for trespass.
Recovery of possession of portions of land trespassed onto by the defendant.
Perpetual injuction restraining the defendant, his assigns, privies, workers, servants, agents or anybody claiming title through him from entering onto the land beyond 100 feet x 200 feet sold to him or doing anything that amounts to assertion for title to the subject matter land.
In addition to issuing his writ of summons plaintiff’s Counsel has filed motion on notice praying the court for an order of interlocutory injunction to restraint the defendant/respondent, his agents, workmen, grantees, privies and assigns from continuing with building activities on-going on the subject matter land until the final determination of the suit.
In the accompanying affidavit plaintiff applicant states his case for the motion as follows: -Paragraph 8 That my family sold a portion of the family land measuring 100 feet x 200 feet to one Arthur Agor a. k. a. Agor Yawoe.
9 That the said Arthur Agor also sold the land he purchased from the family to the Respondent who has since developed same.
10 That the respondent has trespassed onto other parts of the family beyond what was sold to him and commenced building projects on same, without the consent and approval of the family.
Attached and marked as Exh. ‘B’ series are pictures of the Respondent’s activities on the land.
11. That every attempt to stop the respondent form continuing with the unlawful acts proved futile hence the action and that the respondent will continue with his unlawful activities on the subject matter land unless restrained by the Honourable court.
Plaintiff/applicant has also filed his statement of case relying on some decided cases to urge on the court to grant the motion.
Apart from filing his statement of defence, respondent/defendant has filed his affidavit in opposition to the plaintiff’s motion for interlocutory injunction.
In the said affidavit in opposition respondent describes the land he bought from Mr. Agor as situate, lying and b