KWABENA APPIAH vs SARAH ODARKOR HESSE
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J
Areas of Law
- Property and Real Estate Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The land dispute centers on conflicting claims over a parcel of land in Dom village, Accra. The Plaintiff, possessing assignment documents from a prior owner, Dickson Boatema Bitihene, sought relief for declaration of title, possession, injunction, and damages. The Defendant claimed the land was granted by the Onamrokor Adain family and counterclaimed for similar reliefs. The court found in favor of the Plaintiff, establishing his title based on documentary evidence and possession, and ruled that the Defendant's grantors had no valid title to convey. The ruling emphasized legal principles including the burden of proof in title disputes, the significance of land registration, estoppel by conduct, and the nemo dat quod non habet principle.
The Plaintiff caused an amended writ of summons and statement of claim filed on 28th November 2008 to be issued against the Defendant.
He prayed per the following reliefs:
a. Declaration of title to all that piece or parcel of land lying and being at Dom village, Accra covering an area of O. 44 acres and bounded on the North by proposed road measuring 100 feet and on the east by J. R Brimah’s property measuring 165 feet and on the South by proposed road measuring 105 feet and on the West of Ofori’s property measuring 190 feet more or less being subject matter of Assignment from Madam D. B Bitihene dated 25th July 1995.
b. Recovery of possession of the said land.
c. Perpetual injunction restraining the Defendant and her assigns from disturbing the Plaintiff’s enjoyment of his property and d. GeneraI damages for trespass.
The Plaintiff claims to have been assigned the unexpired term of a lease dated 25th July 1995 from one Madam Doreen Bitihene.
He went into immediate possession by the erection of corner plots and the construction of a concrete foundation for a house.
The Defendant forcibly entered onto the land and started construction despite the protestations of the Plaintiff.
The Defendant on the other hand alleges to have been granted the land by the Onamrokor Adain family after which she went into immediate possession by constructing a foundation.
She was however not given documents immediately when she so demanded because of ongoing litigation between the family of her grantor and another family.
After the litigation she was granted documents on same.
She has been in possession since 1990 and has a building and a caretaker on the said land and that the Plaintiff is not entitled to the land.
She therefore in a Statement of Defence filed on 23rd February 2012 counterclaimed for the following reliefs:
a) Declaration of title to all that piece or parcel of land described in Schedule to statement of defence.
b) Damages for trespass.
c) Recovery of possession of any portion of land plaintiff trespassed unto.
d) Perpetual injunction restraining the defendant, his agents, assigns and workmen from dealing with the land in any manner detrimental to defendant’s interest. The issues set down for determination were the following:
1. Whether or not Plaintiff is the Assignee of the piece or parcel of land in dispute.
2. Whether or not Plaintiff, upon acquisition took immediate possession of the land.
3. Whether or not Defendant forcibly entered