MR. & MRS. AMOAKO-ASANTE & ors VS JONATHAN AYAA ANNAN
March 17, 2020
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH
Areas of Law
- Civil Procedure
- Property and Real Estate Law
March 17, 2020
HIGH COURT
GHANA
CORAM
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Plaintiffs’ Case It is the plaintiffs’ case that the defendant is the head of the Odai Ntow family which family has an extensive stretch of land in New Ashongman.
The plaintiffs assert that in or around February 2004, they, acting through their sister and in-law Arianna Ohenebema Agyepong Ansah (Mrs. ), approached the defendant to acquire plots of land in the New Ashongman area.
The defendant then agreed to give various plots of lands of different sizes to plaintiffs.
Plaintiffs assert that the defendant furnished them with a document based on which a search was conducted at the Lands Commission which revealed that the land belonged to defendant and his family.
Plaintiffs further assert that the defendant transferred to them a total of six plots of land of various dimensions at New Ashongman.
Each of the plots cost eighteen million old cedis (now GH¢1, 800. 00) except that of the 2nd plaintiff which cost nineteen million old cedis (now GH¢1, 900. 00). The plaintiffs assert that they advanced a total of one hundred and ten million old cedis (now GH¢11, 000. 00) through Arianna Ohenebema Agyepong Ansah to defendant covering the six plots of land.
Plaintiffs say that defendant prepared indentures and site plans covering the various lands for them.
Plaintiffs contend that when they went to commence development on their lands, they were attacked by land guards wielding guns and other weapons.
Plaintiffs say that the matter was reported to the defendant who told them to secure their interests.
Plaintiffs therefore began registration processes of their interests in the land at the Deeds Registry and the Land Title Registry for which huge sums of money were expended.
Plaintiffs contend further that, sometime in 2007, the defendant called plaintiffs on phone to inform them that he was in a legal tussle with a section of his family over ownership of the land.
He therefore asked the plaintiffs to hold on with any development on the land until the completion of the suit.
Later on however, the defendant called to say that he had lost the case but he promised to replace the plaintiffs’ plots of land with other plots of land at Pokuase which promise never materialised.
The plaintiffs therefore demanded a refund of their monies but the defendant refused, ignored and treated with scorn the plaintiffs call on him for the refund.
Plaintiffs also say that they are no longer interested in the plots of land but they are rather demanding full compensation for monie
AI Generated Summary
The Ghana High Court, per K. A. Gyimah J., considered claims by Hilda Amoako Asante and co-plaintiffs who acquired six plots in New Ashongman through Jonathan Ayaa Annan. Plaintiffs paid between GH,800 and GH,900 per plot and received site plans and indentures, then faced violent interference by land guards. Annan later told them of ongoing family land litigation (AL/64/2006), advised them to stop development, and, after saying he had lost the case, promised substitute plots at Pokuase that never materialized. Plaintiffs sued for GH20,000 (current value), breach damages, and costs. Annan argued he was not head of family. Examining exhibits, the court found the documents were executed by head-of-family Nii Aryee Anang, demonstrating Anang—not Annan—granted the land, with Annan acting merely as agent. Under Order 4 rule 9(2) of C.I. 47, actions concerning family land must be brought against the head of family. The court held Annan was not the proper defendant, dismissed the action, and made no order as to costs.