K. K. OFORI vs COL. ABDULAI MAHAMA
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH JUSTICE OF THE HIGH COURT
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice K. A. Gyimah of the High Court adjudicated a dispute over a large tract of land at Katamanso between Kwame K. Ofori and a defendant claiming under the Odumanye family of Ashiyie. Ofori traced his title to a 1992 grant from the Katamanso Stool, later reduced into a 1995 lease, and after an inadvertent overlap with a grant to Regimanuel Gray Ltd., secured a Deed of Assignment and registered title, receiving Land Title Certificate No. TD 0838 on 5 July 2002. He developed the area with residential, commercial, and recreational projects, including Irokko Limited and Rufus Green Parks. The defendant’s defence was struck out for procedural default; applying the Evidence Act’s preponderance standard and land-identification jurisprudence, the court found Ofori’s claim superior, declared title, ordered recovery of possession with liberty to demolish structures, granted a perpetual injunction, and awarded damages and costs. Because of a pending consolidated suit involving Ofori and the defendant’s grantor (Suit No. FAL/628/11), execution was stayed, while an earlier injunction remained operative.
Plaintiff’s Case
By a writ of summons issued on 27th February 2017, the plaintiff claimed the following reliefs against the defendant:
i. Declaration of title to all the piece or parcel of land described in the schedule.
ii. Damages for trespass.
iii. Recovery of possession.
iv. Perpetual injunction restraining the defendant by himself, his agents, assigns, workmen, grantees, privies or by whosoever claiming through him from entering onto any portion of the land and interfering in anyway whatsoever with plaintiff’s land.
It is the plaintiff’s case that he initially got the land in dispute by a grant from the Katamanso Stool in 1992 which was reduced into a lease in 1995. He went into immediate possession and occupation of a portion of the land by constructing a dwelling house on the land.
The plaintiff asserts that he failed to process his documents at the Lands Commission.
In 1996, his grantors made a grant in favour of Regimanuel Gray Ltd. and they inadvertently included the land they had granted to the plaintiff.
This led to Regimanuel Gray Ltd. complaining that the plaintiff had trespassed onto their land.
He however explained to them that he was the first to have been granted the land.
After further consultations between the plaintiff, Regimanuel Gray Ltd. and his grantors, Regimanuel Gray Ltd. agreed that the plaintiff had already been granted the land on which he was in possession of. Regimanuel Gray Ltd. had however registered the whole land so the parties agreed that Regimanuel Gray Ltd. will prepare a Deed of Assignment in favour of the plaintiff to be confirmed by his grantor and this was duly done. He then proceeded to register his title and on 5th July 2002, he was issued with a Land Title Certificate No. TD 0838 Vol. 109 Folio 366.
It is the plaintiff’s case that in addition to his dwelling house, he also established a furniture company called Irokko Limited, created Rufus Green Parks, artificial lakes and canals for boat racing and also operated a restaurant on the land.
He also saw to the construction of several untarred roads in the area and he singlehandedly got electricity to the area.
The plaintiff asserts that he noticed the defendant’s acts of trespass in December 2012 and he confronted him.
The defendant however claimed that he got the land from the Odumanye family of Ashiyie.
The plaintiff however asserts that in an earlier suit between the defendant’s grantors and the plaintiff, he secured an injunction against the