MAD. MAGARET AMEDOME vs AKURUGU THOMAS AWINE
January 28, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JENNIFER ANNE MYERS AHMED (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Tort Law
January 28, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
HER LADYSHIP JUSTICE JENNIFER ANNE MYERS AHMED (MRS) resolved a dispute over a 0.18-acre parcel at Kwabenya, Accra. The claimant acquired the land in 2002 from Theodore Tettey Mensah, registered the grant at the Lands Commission (AR3870/2004; LVB 6938/04), and occupied it through a caretaker. The opposing party denied her title and claimed ownership through the Aboasa familys instrument and a 2013 indenture from Kausara, Sherrif and Suad Gamadey, supported by GA 37024. Relying on exhibits and binding precedent (including Benyak Co. Ltd v Paytell Ltd), the court held Kwabenya lands belong to the Nii Odantow family, found the claimant in possession, and rejected proof that the opponent demolished the structure. Declaratory title, injunction and trespass damages were granted, demolition-related and special damages were denied, and costs were awarded.
The plaintiff herein issued out a writ of summons accompanied by a statement of claim against the defendant claiming the following reliefs:
a. A declaration of title to all that piece or parcel of land situate, lying and being at Kwabenya-Accra containing an approximate area of 0. 18 acre more or less and bounded on the North East by grantors land measuring 100 feet more or less, on the South East by a proposed road measuring 80 feet more or less, on the South West by her grantors land measuring 100 feet more or less and in the North West by her grantors land measuring 80 feet more or less land which is more particularly contained in documents No. AR3870/2004 and stamped as LVB 6938/04.
b. Perpetual injunction against the defendant and his agents from interfering in plaintiff’s land as described above.
c. Damages for trespass.
d. Refund of the cost of the building destroyed on the disputed land estimated at Gh¢20, 000. 00
e. Special damages of a total amount of Gh¢7, 895. 00 and CFA200, 000. 00 being cost of monies missing or stolen and cost of properties destroyed as a result of defendant’s illegal activity as contained in paragraphs 9 and 10 of the statement of claim.
f. Any other relief the Honourable court may deem fit to make in favour of the plaintiff.
It is the case of the plaintiff that sometime in 2002, she acquired a parcel of land at Kwabenya in Accra from one Theodore Tettey Mensah.
Per the pleadings, Theodore Mensah traces his root of title from the Nii Odantow family of Ashongman.
According to the plaintiff, she was given a document by her grantor which she successfully processed at the Lands Commission under documentAR3870/2004 and stamped as LVB6938/04. Subsequent to the acquisition, plaintiff claims she took possession of the land by putting up corner pillars and erecting a single room on the land which she put her caretaker in.
This was in the year 2005 and she had been in quiet and undisturbed possession until 2014.
It is the case of the plaintiff that sometime in 2014, without her consent or knowledge, the defendant with land guards demolished her single room on the land when the caretaker had travelled to the Volta region for a funeral.
The caretaker suffered loss as a result of the demolition, particulars of which were particularized in the statement of claim.
This act of trespass by the defendant, according to the plaintiff, was reported to the police, who begun an investigation.
There was a second building put up by he