LARRY BLACKMORE VS SHERIFF BORTEY BORQUAYE
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ANTHONY OPPONG
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a land dispute between a Plaintiff who claimed ownership through multiple acquisitions and registrations, and a Defendant who asserted ancestral family ownership. The court found in favor of the Plaintiff, ruling that he had demonstrated a stronger claim to the land through various transactions and registrations, including obtaining a Land Title Certificate. The court dismissed allegations of fraud against the Plaintiff, noting that the Defendant failed to prove this claim. The judgment emphasizes the importance of proper land registration and the indefeasibility of registered land titles. The court awarded the Plaintiff declaration of title, perpetual injunction against the Defendant, damages for trespass, and costs.
On or about 28th January 2016, Plaintiff who described himself as a businessman claimed that he acquired a piece or parcel of land from one Isaac Asante whose acquisition of the land was traceable to the year 1972 and beyond.
Plaintiff averred that soon after the acquisition he took over possession and occupation of the land from his grantors and took steps to develop the land.
Not only that, plaintiff took further step to register his acquired interest in the land and indeed got the land registered and was consequently issued with Land Title Certificate No. TD 11193. However, Plaintiff’s attempt to develop the said land was thwarted by Defendant through armed men whom Plaintiff mentioned as thugs.
It is as a result of the trespassory acts of defendant that Plaintiff was constrained to institute the instant action whereby Plaintiff claimed for
(a) declaration of title to the parcel of land situate at Baatsona-Accra containing an area of 0. 167 acre more or less bounded on the North by Vendor’s land; on the South by proposed road; on the East by Vendor’s land and on the West by the Vendor’s land;
(b) An order for perpetual injunction directed at defendant, his workers, assigns, agents, and or anyone taking through or under him from trespassing, interfering or obstructing plaintiff from the continuous development of the land;
(c) a declaration that Defendant has trespassed onto Plaintiff’s land;
(d) General damages for trespass;
(e) Cost of legal fees reflecting the cost of the present suit and
(f) any other orders as the Honourable Court may deem most appropriate.
Defendant refuted the claim of Plaintiff.
He claimed to be the acting head and lawful representative of Nii Bortey Konkonu family of Nungua and that the subject matter land belongs to the said family.
Defendant averred that the disputed land formed part of Nungua Stool land and that his family pioneered by Nii Bortey Konkonu farmed on the land in its vacant state.
After the death of Nii Bortey Konkonu, his children and after them members of the family continued to farm on the land until 1990s when they got the Nungua Stool to execute a document for the family due to high demand and scrambling for lands in Bastoona.
Defendant attacked Plaintiff’s land certificate as having been obtained by fraud; the particulars of which related to concealment of the actual ownership of the land from the Land Title Registry and presentation of false information in securing the certificate.
On the iss