MADAM CHRISTIANA BORKOR BORTEY VS MADAM MANANG ALAVANYO
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ANTHONY OPPONG
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Anthony Oppong of the High Court resolved a land dispute in Nungua, Accra, concerning a 0.40-acre plot the plaintiff bought from Samuel Alabi Bortey in August 1985 under a stamped and registered conveyance. The plaintiff took possession and built a house and wall. The defendant, Samuel’s sister, asserted the land formed part of plots their father, Mr. Alavanyo Borteye Olikpi, had acquired by farming and devised jointly, and said Samuel had already sold one plot and wrongfully sold another she considered hers; she reported him to the Nungua Traditional Council before he fled to Lome and later died. Evidence including Exhibit “B” and Exhibit “C” showed the plaintiff’s grant was limited to 0.40 acre and did not include a separate 0.186-acre remaining portion, which the defendant possessed and sold in 2003 to Godwin Kofi Akuamoah and Doris Akuamoah. The court rejected the fraud allegation absent proof the plaintiff knew of it, declared title to the 0.40-acre plot, refused recovery, injunction, and damages, dismissed the counterclaim, and awarded GHS 8,000 costs.
Plaintiff claimed that she acquired the disputed land from one Samuel Alabi Bortey in August 1985 and the sale transaction by which the acquisition was effected was evidenced in writing and the writing is not only stamped but also registered.
Plaintiff averred that her vendor, Samuel Alabi Bortey also acquired the land from Nii Borkete Alabi (Gborbu Wolomo), head and lawful representative of Borquaye We family of Nungua.
Plaintiff averred further that upon acquiring the land she went into immediate possession and built a house on a portion and a wall around the land.
Notwithstanding these matters, defendant was alleged to have entered the land and carted several trips of sand, stones and blocks on to the land in obvious preparation to construct a building on the other portion of Plaintiff’s acclaimed land.
Plaintiff described the alleged conduct of Defendant as trespass.
Plaintiff in the premises sued Defendant and sought a declaration that Plaintiff is the owner of the land described as all that piece or parcel of land situate lying and being at Nungua-Accra in the Greater Accra Region of the Republic of Ghana containing an approximate area of 0. 40 acres and bounded on the North-West by proposed road measuring 110 feet more or less on the North-East by proposed road measuring 90 feet more or less on the South-East by vendor’s land measuring 110 feet more or less on the South-West by vendor’s land measuring 160 feet more or less; perpetual injunction restraining Defendant her agents, servants and assigns from interfering with the land; damages for trespass and recovery of possession.
Defendant filed her Defence on 7th January 2014. She claimed that Samuel Alabi Bortey is his brother and that the land, portion of which is in dispute, belonged to their father Mr. Alavanyo Borteye who acquired the land by farming from 1920s till 1976 when he died.
Defendant stated that the land purportedly conveyed to the Plaintiff by her brother Samuel Alabi Bortey in 1985 forms part of three plots which was devised to her and the brother jointly by the parents.
Defendant stated further that his brother sold one plot and so the two that remained were hers and so the brother had no right to purport to sell the plot that was hers to defendant.
Defendant claimed she reported the wrongful conduct of her brother to the Nungua Traditional Council (NTC) and when the NTC invited the brother to question him the brother run away to Lome, Togo.
The Defendant averred that she