MADAM SARAH ADJETEY & ANOR vs HORATIO KPAKPO ALLOTEY
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs sought legal redress for the declaration of title, recovery of possession, and damages in relation to their late father's landed property. The defendant contested the claims. The court held that the land in dispute was part of the estate of the late Cephas Allotey and had been properly distributed among his children. The court found in favor of the plaintiffs, awarding damages and costs, and restraining the defendant from further encroachment.
The plaintiffs’ claim against the defendant is as follows:
1. “Declaration of title to and recovery of immediate possession of their respective property of their late father landed property No. A231/10 situate lying and being at Agege, Accra.
2. Punitive general damages for induced land litigation and Trespass.
3. 1st plaintiff claims the sum of GH¢1,500.00 being the total cost of the Drinking Spot unlawfully demolished by the defendant plus interest from November 2009 to the date of judgment, plus GH¢500 per month being loss of earnings from November 2009 to late of judgment.
4. Perpetual injunction.
5. Compensative costs.
It is the claim of the plaintiffs that they are related to Cephas Allotey who died intestate on the 6th of December 1986. He left behind nine children and H/N A 231/10 situate at Agege Dansoman Accra.
The property was distributed among the deceased’s children by their grandfather.
The defendant had committed various acts of trespass on plaintiffs’ portion of the land by demolishing a drinking bar valued GH¢1500.00, depositing sand and stones on 1st plaintiff’s portion of the land and placing a kiosk on a foundation erected by the 2nd plaintiff.
The defendant in his statement of defence denied each and every allegation of material fact contained in the statement of claim except for the fact that their father died intestate and left behind nine (9) children.
He contended that the property has not been distributed and the disputed land does not form part of the plaintiffs’ land.
The portions of land on which his structures stand belong to one Martey Commodore Deceased.
He further stated that the plaintiffs have no capacity to sue.
The issues settled for determination at the close of pleadings filed on 31/3/10 are:
i. “Whether or not the parties in this action are very closely related to the date (sic) Cephas Allotey.
ii. Whether or not the property in issue was the bonafide-self acquired property of the late Cephas Allotey.
iii. Whether or not the parties herein inherited their different plots from their late father’s self-acquired landed property.
iv. Whether or not the land in issue are portions of the larger property of Cephas Allotey given to the plaintiffs.
v. Any other issues raised in the pleadings.”
The additional issues filed by the defendant on 12/4/10 are:
1. “Whether or not the property of the late Cephas Allotey has been shared amongst his children.
2. Whether or not the land in dispute forms part o