MOHAMMED ISSAKA & ANOR vs NII NORTEY ODEI GBORTSUI & ANOR
May 13, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE NICHOLAS M. C. ABODAKPI (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
May 13, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Justice Nicholas M. C. Abodakpi, adjudicated a land dispute involving Hawa Ibrahim Issaka and Mohammed Issaka, who sought title, possession, injunction, damages, and costs over a 0.36-acre parcel at Nungua, Baatsona Railway. Plaintiffs proved a stool grant from Numo Borketey Gborbie Wulomo Bortrabi Obroni II, valid conveyance with plan, registration at the Lands Commission (LVD527/2001), possession, and compliance with LEKMA development requirements. Defendants, led by Nii Nortse Odei Gbortsui (@ Owade), filed appearance but no defence and continued trespass by demolishing fences, dividing the land, and building. The court found implied admission and estoppel by conduct (including a 2015 undertaking not to encroach), held plaintiffs title, granted recovery and injunction, and awarded general damages of GH50,000 and costs of GH15,000, noting special damages were not specifically proved.
The writ of summons taken from this Court has the following endorsements:
(a) An order declaring Title to all that piece of land as described in paragraph 5 of the statement of claim in favour of Plaintiffs.
b) An order to recover possession of the portion of the disputed property being developed and under the custody of the defendants.
c) An order for perpetual injunction against the defendants restraining them, their agents, assigns privies, workmen, caretakers and any other persons) claiming through or by them from dealing with the disputed portion of the property in any manner whatsoever.
d) An order for recovery of GH¢25, 000. 00 being the cost of the Chamber and Hall demolished by the defendants plus interest on same from July, 2015 till date of final payment.
e) General damages.
f) Cost including solicitor’s fees.
FACTS AND EVIDENCE
What is in the facts pleaded are essentially the evidence adduced by Plaintiffs’ Attorney and witnesses.
Even though an Entry of Appearance was filed on behalf of the defendants, they failed to file any other process in the action. On 31/07/2018 based on an application put before this Court, which has been duly served on defendants, judgment in default of defence was entered in Plaintiffs’ favour.
On 11/02/2019, case management conference proceedings were duly conducted, and the defence had been served but they failed to attend.
The trial commenced, and Plaintiffs’ Attorney and two others gave evidence.
They are:
1. Kamil Mohammed – Attorney
2. PW1 – Hajia Issha Ibrahim
3. PW2 – Francis Adotte Akai
These witnesses, tendered various documents as exhibits, in support of Plaintiffs’ claims. The evidence of Kamil Mohammed is to the effect that on or about 22/05/2018, he had the instrument appointing him as an Attorney executed and registered at the Valuation Division, Lands Commission as LVDGAST – 163622018. Further he stated plaintiffs are known to him, he gave their address of residence in Nederland – Amsterdam.
The testimony on the disputed land is that, sometime in 1999, Plaintiffs acquired the land through 2nd plaintiff’s mother, who gave evidence as PW1. The dimension of the land was given as 0. 36 acre (about 3 plots), located at Nungua, Baatsona – Railway.
The evidence is also to the effect that a site-plan and indenture were executed and the land registered at the Land Valuation Division of the Lands Commission as LVD527/2001. Next the Attorney’s evidence is to the effect that, Plaintiffs took p