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
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought legal reliefs against the defendant concerning a disputed piece of land. The plaintiff had an established title, while the defendant failed to properly defend the case. The court ruled in favor of the plaintiff, granting title, recovery of possession, damages for trespass, and costs, while also addressing related procedural and evidentiary matters.
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