MADAM ADJORKOR ADJIE vs VICTOR SETH TAGOE & ORS
May 4, 2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
May 4, 2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The dispute involves a 0.10-acre plot at Teshie Agblizaa in the Greater Accra Region. The Plaintiff traced title to a 2002 grant from the Agbawe Quarter of the Numo Nmeshie family of Teshie, evidenced by a 7 October 2007 deed witnessed by Nee Akporh Akli Sowah, and alleged that the 1st, 2nd and 3rd Defendants were behind the demolition of her four-bedroom structure. The 4th Defendant asserted ownership via a 1990 assignment from the 1st Defendant, registered at the Lands Commission (No. NR 4200/90) and Land Valuation Board (No. NVB 4799/90), and counterclaimed for declaration, possession, trespass damages and an injunction. After the Plaintiff failed to prosecute and her claim was dismissed, the 4th Defendant’s case was proved through attorney Samuel Kabutey, with corroboration from the 1st Defendant. Applying the Evidence Act’s preponderance-of-probabilities standard, the court entered judgment for the 4th Defendant, awarded GH a25,000 general damages, and made no further costs order given an earlier GH a210,000 costs award.
Per her amended statement of claim dated the 20th day of November, 2009, the Plaintiff claims the following reliefs against the Defendants as follows:
“All that piece or parcel of land situate lying and being at Teshie Agblizaa bounded on the north by lessor’s land measuring 62. 5 ft more or less on the south by lessor’s land measuring 85. 1 ft. more or less on the east by a proposed road measuring 29. 3 ft. and 27. 8 ft. more or less and on the west by lessor’s land measuring 50 ft. more or less and containing an approximate area of 0. 10 acre. ”
The brief facts of the case as captured by the amended statement of claim as been reproduced below.
Thus:
“1. The Plaintiff is the owner of all that piece of land situate at Teshie Ablizaa in the Greater Accra Region.
2. The 1st Defendant is a crane operator in Accra.
3. The 2nd Defendant is an accountant whilst the 3rd Defendant is a contractor.
4. The 4th Defendant who was joined to the suit pursuant to an application for joinder holds himself as the owner of the disputed land as per an alleged conveyance made to him by the 1st Defendant.
5. The Plaintiff says she became the owner of the said piece of land per a grant made to her by the Agbawe Quarter of the Numo Nmeshie family of Teshie in the year 2002.
6. The Plaintiff says the grant was reduced into writing and a deed of lease dated 7th day of October, 2007, was executed by NEE AKPORH AKLI SOWAH the lawful head of Teshie Agbawe Quarter to witness same.
7. The Plaintiff says after the grant has been made to her, she engaged some labourers to uproot the stumps on the land.
8. The labourers reported to the Plaintiff that the 1st Defendant came to confront them, claiming that the land belongs to him.
9. The Plaintiff and his cousin went to meet 1st Defendant on the land.
10. The Plaintiff and 1st Defendant approached the elders of the Agbawe Quarter where 1st Defendant was asked to produce his documents covering the land.
11. Plaintiff says 1st Defendant was unable to produce the document for which reason the elders asked Plaintiff to continue working on the land.
12. The 1st Defendant reported the Plaintiff to the Teshie Police and later the Police Headquarters to no avail.
13. Plaintiff says she put up a 4 bedroom structure up to the lintel level on the land.
14. Plaintiff says on the 8th of April, 2008, after her works had closed, one of the workers who left the site late heard the 2nd Defendant telling some people on the phone