JULIANA ADUKWEI ALLOTEY vs ABDUL RAMAN
November 21, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
November 21, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court (Barbara Tetteh-Charway (Mrs.)) adjudicated a land dispute in Tuba-Kokrobite, Accra, between Juliana Adukwei Allotey and Abdul Rahman. Allotey sought declaration of title, possession, trespass damages, injunction and costs, relying on a 1997 lease from the Nii Arde Nkpa family (later replaced in 2009) and evidence of possession, together with steps to register title. Rahman asserted a 2014 grant from the same family, argued that the land had been State-acquired, claimed the site was virgin forest, and developed a filling station with permits. The court ruled Rahman failed to prove State acquisition; Lands Commission searches showed the parcel was family land. Applying nemo dat and the registration rule, and crediting Allotey9s prior application and possession (which should have put Rahman on notice), the court found her claim stronger, granted all reliefs, dismissed the counterclaim, and awarded GH5,000 damages and GH 8,000 costs.
The Plaintiff, Juliana Adukwei Allotey, caused her lawyers to issue a writ of summons against the Defendant, Abdul Rahman for the following reliefs;
1. A declaration of title to all that piece or parcel of land situate lying and being at Tuba-Kokrobite, Accra containing an approximate area of 0. 968 acre or 0. 392 hectare more or less on the North by lessor’s land measuring 138. 8 feet more or less on the East by proposed road measuring 203. 8 feet more or less on the South by the proposed road measuring 275. 6 more or less on the West by Lessor’s land measuring 140. 0, 100. 0 feet more or less and which piece or parcel of land is particularly delineated on the plan attached.
2. Recovery of possession of the said land.
3. Damages for trespass.
4. Perpetual injunction to restrain Defendant and his agents and assigns and workers from working on Plaintiff’s land.
5. Costs for bringing this action including solicitor’s cost. In her amended statement of claim, the Plaintiff claims that by a lease agreement dated 23rd September 1997, she acquired a parcel of land located at Tuba- Kokrobite from Nii Arde Nkpa VI, Mantse of Plerno and Nii Ofei II joint heads of the Nii Arde Nkpa family of Plerno.
Sometime in 2009, the Plaintiff claims she discovered that her lease document was missing and therefore approached her grantor family for a new document.
According to the Plaintiff, the Nii Arde Nkpa Family of Plerno, acting by Nii Arde Nkpa VII, Mantse of Plerno and Nii Ofei II, then heads of the said family, prepared a new indenture for her dated 18th May 2009 covering the same parcel of land.
The Plaintiff’s case is that she went into possession of the land in dispute immediately after acquiring it by constructing a wall around it, depositing sand and blocks on the land and placing mechanics on it to protect her interest. The Plaintiff further claims that she submitted her land documents to the Land Title Registration Division of the Lands Commission for registration of her interest and a publication of her application was made in the 1st November, 2004 edition of The Spectator Newspaper.
According to the Plaintiff, the Defendant recently entered onto her land, drove the mechanics away, fenced it with roofing sheets and dumped laterite on it in readiness for construction works.
When her caretakers reported the Defendant to the Weija Police, the matter ended up at the Regional Police Headquarters, where after investigations, the Defendant was warned to st