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
2012
HIGH COURT
GHANA
CORAM
AI Generated Summary
Mark David Kofi Ankrah sued Mohammed Salifu Ali for title declaration, recovery of possession, damages, and injunction regarding a piece of land in Accra. Ankrah bought the land from the Nii Amarh Sogbla family in 1979, which he registered in 1996. Ali, who began building on the land in 1994, claimed he had purchased it in 1986 from the Odantow family. The court ruled that the Nii Amarh Sogbla family had rightful ownership based on previous Supreme Court rulings, and thus Ali and his grantors had no title. Ali was deemed a bona fide purchaser without notice, but the court ordered Ankrah to lease the land to Ali at the current land value determined by the Lands Commission, noting that ordering possession for Ankrah would cause hardship to Ali.
JUDGMENT
On 21-02-2003, the plaintiff, Mark David Kofi Ankrah, suing per his lawful attorney, Stephen Nortey, caused a writ to issue from this court in which he claims from the defendant, Mohammed Salifu Ali, the following reliefs:
1. Declaration of title to all that piece and parcel of land being, lying and situate at Haatso, Accra, containing an approximate area of 0.30 acre and bounded on the North West by a proposed road measuring 115 feet more or less on the South East by the donor’s land measuring 110 feet more or less on the North East by the donor’s land measuring 118 feet more or less and on the South West by a proposed road measuring 110 feet more or less and registered at the Land Title Registry as Land Title Certificate No. GA9214.
2. Recovery of possession from defendant, the plaintiff’s land with Land Title Certificate No. GA9214 more particularly described in (1) above.
3. Damages for trespass.
4. Perpetual injunction restraining the defendant, his agents, servants, workmen, assigns and successors-in-title from interfering in any way whatsoever with the land or with the plaintiff’s right to interest in or use of the disputed parcel of land.
In the accompanying statement of claim, the plaintiff avers that, by a conveyance dated 10-01-1979 and made between Nii Amarh Sogbla family of Haatso-Osu acting through the head of family, Nii Norkwei Ashong Sogbla, with the consent and concurrence of the principal members of the family on the one part and the plaintiff on the other, Nii Armah Sogbla family as beneficial owner conveyed to the plaintiff its freehold interest in all that parcel of land situate at Haatso, Accra, containing an approximate area of 0.30 acre and bounded on the North West by a proposed road measuring 115 feet more or less on the South East by the donor’s land measuring 110 feet more or less on the North East by the donor’s land measuring 118 feet more or less and on the South West by a proposed road measuring 110 feet more or less.
The plaintiff avers further that he subsequently registered the conveyance at the Land Registry as Land Registry No. 139/1996. Thereafter, he applied to the Land Title Registry for a Land Title Certificate covering the parcel of land and obtained on 29-04-1996, Land Title Certificate No. GA9214, in respect of the parcel of land.
It is the case of the plaintiff that, sometime in 1994, it came to the notice of his caretaker and now attorney, Stephen Nortey, that the defendant had entered upo