MOHAMMED ABDULLAH BAYERE & ANOR vs SALEM INVESTMENT
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, ERIC K. BAFFOUR, ESQ., JUSTICE OF THE HIGH COURT
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff represented the Okpelor Din Sowah family in a land ownership dispute with the defendant, who counterclaimed for title and an injunction. The defendant provided evidence of prior ownership dating back to 1997. The trial faced delays due to plaintiffs' absences, leading the court to dismiss their claim and focus on defendant's counterclaim. The court ruled in favor of the defendant, noting the lack of challenge to their evidence and referencing multiple legal precedents and statutes. The court awarded the defendant costs and confirmed their title to the disputed land.
Plaintiff in his writ issued on 27/10/09 prayed for the reliefs set out on the endorsement.
I do not find it useful to recount them as same had been dismissed by the court.
To give a clearer picture of the counter claim of the defendant a summary of the statement of claim of the plaintiff, which though has been struck, out will suffice.
The Okpelor Din Sowah family is deemed to be the owners of a large track of land at Ashalley Botwe and in the amended statement of claim that accompanied the writ the 2nd plaintiff avers that by virtue of a power of attorney he became the lawful attorney of the Okpelor Sowah Din family lands at Nmai Dzorn.
And that the lands in dispute are all part of the larger tract of land belonging to the family.
The land acquired by the 1st plaintiff from the Okpelor Sowah Din family through the family’s lawful attorney, the 2ndplaintiff by virtue of a leasehold granted by the 2nd plaintiff acting by virtue of the power of attorney with the consent of the principal members of the family.
The defendant company has wholly denied the claim of the plaintiffs and have instead counterclaim for the following reliefs:
1. Declaration of title to all that piece or parcel of land.
2. An order of perpetual injunction restraining the plaintiffs their assigns, servants privies and any persons howsoever claiming through the plaintiffs any interest whatsoever in the land from having anything to do with the said land.
The defendant then set out the basis of his opposition to the claim in the statement of defence and the counterclaim.
Defendant claims that if there ever existed any power of attorney at all same was revoked by the donor of the power and 2nd plaintiff could not have purported to have acted on any such power.
And therefore 1st plaintiff could not have had any valid grant of the land.
Again defendant denied 1st plaintiff ever coming into possession of the land.
Defendant then proceeded to set out how he became the owner of the land by means of an initial purchase from one Lydia Abbey of Nungua in 1997, who traces her root of title to the Nungua Wulomo.
He then went into possession and started an estate development.
Defendant further notes that he had the land registered and was issued with a land certificate.
Subsequently, 2ndplaintiff approached him to perform custom to the Okpelor Din Sowah family as it had a matter in court with Ebenezer Kotei and defendant was already in possession of the land.
And after the Supreme C