KOFI AGYEI BEMPAH & ANOR. vs SAMUEL AMOO TOBIN
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE G. S. SUURBAAREH SITTING AS ADDITIONAL HIGH COURT JUDGE
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolved around a disputed land ownership between the Plaintiffs and the Defendant. The Plaintiffs claimed ownership based on a 1976 acquisition, while the Defendant cited a 2010 acquisition. The court dismissed the Plaintiffs' claims, upheld the Defendant's title due to adverse possession, and stated that the Defendant's acquisition process was legally sound despite the Plaintiffs' allegations of fraud
This suit began as a straight contest between the 1st Plaintiff and Defendant on 14th November, 2013. However, per an order of joinder made on 7th May, 2014, the 2nd Plaintiff was joined in the action when the writ was amended on 15th May, 2014 joining her.
In their amended writ of summons, the Plaintiffs repeated the reliefs that were filed at the inception of the writ, which are as follows: -
“ a) Declaration of title to all that piece or parcel of land situate and being at Kokomlemle in the Greater Accra Region of the Republic of Ghana which property is described in the schedule hereunder;
b) An order of perpetual injunction retraining the Defendant, his assigns, agents, workmen or otherwise however described from interfering with the Plaintiffs’ interest described in the schedule above;
c) An order for recovery of possession;
d) Damages for trespass;
e) Cost of the suit”. In their amended statement of claim of 13th May, 2014, the Plaintiffs, after making averments about being the beneficial owners of the land in dispute, went on to aver that same was acquired on 25th March, 1976 from Numo Ayitey Cobblah, the Korle Priest of Accra; Nii Okai Pesemaku III, Gbese Mantse of Accra; and, Nii Amugi II, the Ga Mantse of Accra and further that same has been registered with the Lands Commission.
The Plaintiffs, who averred that they have been in peaceful possession since their acquisition, further averred that it was recently that the Defendant began his trespassory acts by conveying building materials onto the land and has refused to stop despite persistent demands from them, and contending that he had bought the land without indicating the person from within.
The Plaintiffs concluded by contending that the Defendant has no claim to the land which they went on to describe in a schedule.
The Plaintiffs statement of claim, in the amended statement of claim, was an exact repetition of the statement of claim filed alongside the original writ, and in response to which the Defendant had filed a statement of defence and counterclaim on 19th February, 2014. In his statement of defence and counterclaim, the Defendant not only denied the Plaintiffs’ claim to the disputed land and their acquisition of same from the persons’name in 1976, but also contended that he was the owner of the land, which he proceeded to describe, having acquired same by a deed to transfer executed in his favour in 2010 by James Easmon Louis Quaynor Family, Accra with the consent and concur