MICHAEL MARTEY MARMAH & ANOR vs ADJEI ABLORH
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J
Areas of Law
- Property and Real Estate Law
- Tort Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Michael Martei Marmah and his co-administrator sued Adjei Ablorh over two plots at North West Teshie, asserting their late parents purchased the land from Gbugblah Quarter in 1970, with documentation later replaced. Ablorh claimed a grant from Agbawe Quarter. The Court identified key issues: capacity, rightful quarter ownership, superior entitlement, and possession. Relying on Exhibit A (letters of administration) for capacity, the Court examined a composite plan and an LD Plan prepared under court order, along with testimony from the Regional Surveyor and the Gbugblah Lands Committee. Superimposition showed the disputed plot lies within Gbugblah lands. Applying Ghanaian authorities on valid dispositions and possession, the Court held Gbugblah Quarter owns the land, the plaintiffs have the better right, and Ablorh cannot rely on possession. The Court declared title for the plaintiffs, awarded GH₵5,000 in trespass damages, ordered recovery and demolition, imposed a perpetual injunction, interest, and GH₵5,000 costs.
The 1st plaintiff commenced this action against the defendant on 29thJune 2009. Per an order of the Court dated 15th May 2014 the 2ndplaintiff was joined to the action because he is the co-administrator of the estate of one Ben Nii Boye, the plaintiffs’ deceased father.
Per an amended writ and statement of claim filed on 22nd May 2014, the plaintiffs’ claim is for:
a. “Declaration of title to the piece or parcel of land situate, lying and being at North West Teshie, Accra and bounded on the North by proposed road measuring one hundred and forty-one feet (141feet) more or less, on the South by proposed road measuring one hundred and forty-one feet (141 feet) more or less, on the East by Lessor’s Land measuring one hundred and sixty feet (160feet) more or less, on the West by Lessor’s measuring one hundred and sixty feet (160 feet) and covering an appropriate area of 0. 52 acres which said piece or parcel of land is more particularly described and delineated on the Plan attached hereto and thereon edged PINK.
b. Declaration that the 2 plots of land were granted to Plaintiff by their late parents from the Gbugblah family of Teshie on 12thFebruary, 1970. The said grant of land was covered by Deed of Indenture.
However, following the death of the parents – mother in 2006 and father in 2008; by virtue of grant of letters of Administration by Court, Plaintiffs herein took over possession of the land.
c. General Damages for trespass harassment and intimidation.
d. An order for ejectment and recovery of possession.
e. An order of the Court to demolish whatever structure and building put on Plaintiff’s land.
f. An order of perpetual injunction (mandatory and prohibitory) against Defendant, his heir, workmen, agents, assigns and privies.
g. Interest at the prevailing Bank rate up to the date of payment.
It is the case of the plaintiffs that their deceased parents acquired two plots of land from the Gbugblah Quarter of Teshie in 1970 and were given a deed of indenture to cover the grant but same was misplaced.
A complaint was made to the family and they replaced the document in 1979. The plaintiffs inherited the two plots of land upon the demise of their parents, their mother having died first. The plaintiffs aver that Teshie is divided into five quarters with each quarter owning land within a defined geographical area.
Each quarterland is controlled by its quarter elders.
The plaintiffs insist their two plots of land fall deeply within the Gbugblah Quart