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January 31, 2025
HIGH COURT
CORAM
[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
AI Generated Summary
This Ghana High Court land dispute pits JCK Hayfron & Anor, administrators of the estate of the late Robert K. Hayfron, against Godwin Uche Anyiogu and Janet Amuah over a 0.297-acre parcel at McCarthy Hill, Accra. The estate relied on a 1969 lease from Godwin Aggrey Fynn to Hayfron, registered in 1970, and alleged Anyiogu’s trespass and Amuah’s subsequent purchase. Anyiogu testified to a 1996 grant from the Oblogo family (head Nii Oblogo Lamptey), a 1998 building permit from the Ga District Assembly (Amasaman), construction of a dwelling house and wall in 1999, and later recognition of the Gbawe Kwatei family’s ownership with a 2009 indenture and public notice in The Spectator (2011). A court-appointed surveyor’s composite plan (CW2) showed the plaintiffs’ site plan fell outside the area hatched black as the disputed parcel, while the defendants’ plans matched it. Applying the Evidence Act and settled land-title jurisprudence on root, identity, and possession, the court held that the plaintiffs failed to discharge their burden, found Anyiogu in long, peaceful possession, rejected the trespass claim, dismissed all reliefs, and awarded costs of GH¢50,000 to the defendants.