J.C.K. HAYFRON & ANOR vs GODWIN ANYIOGU & ANOR
2025
HIGH COURT
CORAM
- HER LADYSHIP EUDORA CHRISTINA DADSON (MRS
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2025
HIGH COURT
CORAM
AI Generated Summary
This case involves a dispute between the plaintiffs, administrators of the estate of the late Robert Kwesi Hayfron, and the defendants regarding ownership of a parcel of land in McCarthy Hill, Accra. The plaintiffs claimed the land was owned by the deceased and that the defendants had trespassed on it. The defendants asserted their acquisition from different sources and ownership over the disputed land. The Court ruled against the plaintiffs, finding they had not proven their ownership or identified the land per their claims. The Court acknowledged the legal interest and possession rights of the defendants over the disputed land, resulting in the dismissal of the plaintiffs' claims and awarding cost to the defendants.
[1] Brief facts
The Plaintiff and Defendants assert rival titles to the piece or parcel of land situate lying and being at McCarthy HillAccra aforesaid containing an approximate area of 0.297 acre.
The Plaintiffs issued the Writ of Summons with an accompanying Statement of Claim on 20 th March 2018 which was amended on 17 th August 2020 for the following reliefs:
1. ' A declaration that the deceased is the legal and beneficial owner of all that piece or parcel of land situate lying and being at McCarthy HillAccra aforesaid containing an approximate area of 0.297 acre bounded on the NorthWest by G.A. Osekre's land meas uring 130 feet more or less on the SouthEast by B.T. Acromond's land measuring 130 feet more or less on the North East by open space measuring 100 feet more or less and on the SouthWest by proposed road measuring 100 feet more or less which piece or parcel of land is more particularly delineated on the plan attached thereto. Which piece or parcel of land is more particularly (herein after is referred to as the land).
2. A declaration that the actions of the Defendants constitute an unlawful interference and trespass of the deceased's land.
3. An order of perpetual injunction refraining the Defendants or any other whether by themselves or by their relations, servants, assigns or agents of whatever description from entering unto and interfering with the interest of the deceased and that of the Plaintiffs.
4. Damages for trespass
5. Cost of litigation including lawyer's legal fees.
6. Any other orders that the court may deem meet.
The 1 st Defendant entered conditional appearance on 28 th March 2018 and filed his Statement of Defence on 21 st May 2018 which was amended on 2 nd September 2020.
By an order of joinder dated 13 th May 2020 the 2 nd Defendant Janet Amuah was joined as a Defendant.
[2] Issues
The Plaintiff did not file Reply and Defence to Counterclaim. The Plaintiff filed application for direction on 21 st June 2018 and the Defendants filed additional issues on 6 th July 2018. At the close of pleadings the following issues were set down by the Court for determination of the controversy between the parties:
1. Whether or not the Estate of the late Robert Kwesi Hayfron is legal and the beneficial owner of the land in dispute?
2. Whether or not the Defendant has any legal interest in the disputed land?
3. Whether or not the Defendant has trespassed on the disputed land?
4. Whether or not the Defendant's act