MR. EBENEZER LARYEA AKITA v. OKOE Q. ASAMANI
2018
HIGH COURT
GHANA
CORAM
- Alexander Osei Tutu J.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought the court's intervention to declare his title to a piece of land, recover possession, and address alleged trespass and fraud by the Defendant. Despite an interlocutory judgment due to Defendant's absence, the Plaintiff was required to prove his claims. The court found numerous inconsistencies and a lack of credible evidence from the Plaintiff, particularly concerning the identity of the land and the alleged fraudulent actions. The court dismissed the Plaintiff's entire claim, emphasizing the legal principles that plaintiffs must establish their case with credible, clear, and sufficient evidence, especially in land title disputes and allegations of fraud.
JUDGMENT
On 5th March 2013, the Plaintiff commenced this action against the Defendant seeking:
a) Declaration of title to a piece and parcel of land onto which the Defendant has trespassed and which is part of a larger track of land situate and lying and being at North of Amanfro village and forming part of Amanfro lands and lying west of adjourning the road leading from the village of Odumase to its junction with road from Obeyie to Abehinase (near Amasaman a village at mile post 14 on the Accra-Nsawam road, Accra) and bounded on the North by Nii Oto-Din’s property and on the North-West and south west by an ancient foot-part separating it from Wakester Farm’s property and which land is more particularly delineated on the site plan attached to the indenture
b) Recovery of possession
c) Damages for trespass
d) Perpetual Injunction to restrain the defendant, his agents, assigns, workers and whoever from doing anything with the said land the subject matter of this suit.
e) An order directed at the Defendant to take steps to reverse the fraudulent ‘surrender’ he planted at the Lands Commission.
f) An order directed at the Lands Commission to expunge from their records the said fraudulent surrender planted by the Defendant.
g) Cost.
h) Any other relief that the court may deem fit.
Getting the Defendant served with the writ of summons and the statement of claim was an uphill task. All the three occasions the Bailiff went to his house at Pokuase to effect service on him were unsuccessful. For that reason, the Plaintiff resorted to substituted service as provided by Order 7 of the High Court Civil Procedure Rules, 2004 (C.I. 47). The Defendant did not enter any appearance and the matter could not have been left in an everlasting abeyance. The suit had to progress so the Plaintiff proceeded to apply for an interlocutory judgment on 24th April 2017. According to an Igbo Proverb, ‘If one fails to lick his lips, the harmattan will do it for him’. Therefore, the application for interlocutory Judgment was granted on 26th April 2017. Because the claim of the plaintiff was for a declaratory relief, he was required to prove his claim. He eventually got the opportunity to mount the witness box on 13th December 2018 after filing a witness statement to testify against the Defendant.The Chinese say: ‘Everyone pushes a falling fence’.
The law is that a court cannot grant a declaratory relief in the absence of evidence given under oath. Acquaye J.A. in the case of Hyd