MALIN INVESTMENT COMPANY LIMITED VS RAYMOND KOFI YOUNG
January 23, 2024
HIGH COURT
GHANA
CORAM
- JUSTICE ABENA A. OPPONG
Areas of Law
- Property and Real Estate Law
- Civil Procedure
January 23, 2024
HIGH COURT
GHANA
CORAM
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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
AI Generated Summary
This High Court land dispute concerns a 1.07-acre parcel at La-Dadekotopon-AMA. The Plaintiff acquired a 2016 sublease from La Hillsview Development Limited, which had leased from the East Dadekotopon Development Trust (EDDT) and obtained a land title certificate in 2007. After taking possession and grading the land, the Plaintiff discovered in August 2018 that the Defendant had entered, deposited building materials, destroyed the site layout, and commenced wall construction. The Defendant asserted title through the Ataa Tawiah Tsinaiatse and Numo Ofoli Kwashie families of La, relying on litigation alleging EDDT fraud and claiming an earlier grant. The court found the Defendant’s indenture was executed only in 2019, invalidating any earlier claim, and reaffirmed the indefeasibility of registered title absent proven fraud or mistake. Referring to the Court of Appeal’s 2015 consent judgment and the Supreme Court’s 2020 pronouncement, the court held EDDT’s title remained valid. It found trespass, granted declaration of title, recovery of possession, a perpetual injunction, demolition, GHS 20,000 damages, and costs.