MALIN INVESTMENT COMPANY LIMITED VS RAYMOND KOFI YOUNG
2024
HIGH COURT
GHANA
CORAM
- JUSTICE ABENA A. OPPONG
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, claiming rightful ownership of a land in Greater Accra Region, Ghana, alleges that the Defendant encroached on the property using threats and physical presence. The Plaintiff seeks declarations of title and recovery of possession among other reliefs. The Defendant counters that the Plaintiff's title is founded on fraudulent grounds, referencing several legal judgments. The court ruled in favor of the Plaintiff, affirming their title, awarding damages for trespassing, and ordering the demolition of the Defendant's structures.
1. The Plaintiff company claims to be the bonafide owner of all that piece of land situate, lying and being at LA - DADEKOTOPON-AMA District in the Greater Accra Region of the Republic of Ghana containing an approximate area of 1. 07 Acre or 0. 43 Hectare more or less and bounded on the North East by Sublessor's Land measuring 371. 6 feet more or less, on the South East by proposed Road measuring 100. 3 feet more or less, on the South West by Sublessor's Land measuring 274. 2 feet more or less, on the North West by proposed Road measuring 210. 7 feet more or less (the "Property"); which it acquired from the La Hillsview Development Limited.
It traces the title of the La Hillsview Development Limited by a lease to the East Dadekotopon Development Trust(EDDT). It is the story of the Plaintiff that after acquisition of the land, it took vacant possession, exercised overt acts of ownership and remained in possession by placing a caretaker on the property until the 11th of August when it had information from the caretaker that the Defendant had deposited cement blocks and other building materials on the property.
The Plaintiff’s director confronted the Defendant and showed him the Plaintiff’s deed of assignment but the Defendant failed to produce any deed of title.
It conducted a search at the Land Title Registry which confirmed that the property belongs to its grantor.
However, by threat of life on its caretaker, the thugs and agents of the Defendant destroyed the layout of the property and started erecting a wall on the property evincing a clear intention to dispossess it of the property.
The Plaintiff thus prays for: a) A declaration of title to all that piece of land situate, lying and being at LA- DADEKOTOPON-AMA District in the Greater Accra Region of the Republic of Ghana containing an approximate area of 1. 07 Acre or 0. 43 Hectare more or less and bounded on the North East by Sublessor's Land measuring 371. 6 feet more or less, on the South East by proposed Road measuring 100. 3 feet more or less, on the South West by Sublessor's Land measuring 274. 2 feet more or less and on the North West by proposed Road measuring 210. 7 feet more or less (the "Property"). b) An order for recovery of possession of the Property described above.
c) An order of perpetual injunction restraining the Defendant, his servants, agents, privies, assigns, workmen and other personal representatives howsoever described from encroaching, building, disposing off, or general