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MARK DAVID KOFI ANKRAH v. MOHAMMED SALIFU ALI

2012

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, JUSTICE UUTER PAUL DERY

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Tort Law

AI Generated Summary

In this Ghanaian High Court land dispute, Mark David Kofi Ankrah sought declaration of title, possession, damages for trespass, and an injunction over a 0.3011acre parcel at Haatso, Accra, acquired from the Nii Amarh Sogbla family and registered under GA9214, after Mohammed Salifu Ali entered and built on the land claiming a 1986 purchase from the Odantow family. Relying on earlier High Court, Court of Appeal, and Supreme Court decisions confirming that the Haatso tract belongs to the Sogbla family, the court found the Odantow family lacked capacity to alienate the disputed land and that Ali acquired no title from them. Although Ali was warned during construction and initially lacked good faith, the court noted that Ankrahs attorney proposed leasing terms which encouraged completion. Applying section 1 of the Land Development (Protection of Purchasers) Act, 1960 (Act 2), and to avoid hardship and injustice, the court ordered Ankrah to lease the land to Ali, directed the Lands Commission to value the bare land, required Ali to pay compensation at current land value and bear valuation costs, and awarded Ankrah GH1,000 in litigation costs.

JUDGMENT