MRS DINAH QUANSAH v. NANA ADAWU DARKO II
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE ABOAGYE TANDOH, HIGH COURT JUDGE
Areas of Law
- Property and Real Estate Law
- Tort Law
- Evidence Law
- Civil Procedure
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Dinah Quansah, proprietor of Demasco Cold Store, sued to recover and protect a 0.33-acre parcel in OduponkpeheKasoa acquired in 1997 from the Anona Royal Family through Nai Odupong Awushie Tetteh II, and registered at the Lands Registry (CDR 538; CR 1334/98). She fenced the land and substantially built a four-bedroom structure intended for a cold store, offices, and residence. In 2015, the Defendant demolished the building and rapidly constructed on the land, later acknowledging his trespass and promising compensation or relocation but failing to perform and continuing clandestine construction. Despite service and case management notices, the Defendant did not participate. Applying the Evidence Act (NRCD 323) and Ghanaian precedents on burdens of proof, trespass, and default, the High Court found the Plaintiff proved ownership and trespass on the preponderance of probabilities, and awarded special damages (GH9600,000 with interest), general and trespass damages, costs, a perpetual injunction, and recovery of possession.
JUDGMENT
The Plaintiff caused a writ of summons to be issued on the 30th day of December, 2019
against the Defendant and claimed for the following reliefs:
a. A declaration of title to all that piece or parcel of land lying and situated at
Oduponkpehe – Kasoa in the Effutu-Awutu Senya District in theCentralRegoin
of the Republic of Ghana the boundary whereof commencing at a pillar marked
P. 1 is 75.9 feet on a bearing of 12000’ from survey pillar No. SGC. KL/70 which
bearing together with all further bearings hereinafter mentioned is referred to the
meridian 10 West Longitude thence from P. 1 runs on a bearing of 349000’ for
200.5 feet to P.2 thence run on a bearing of 82030’ for 70.0 feet to P.3 thence runs
on a bearing of 82030’ for 70.0 feet to P.3 thence runs on a bearing of 164000 for
202.5 feet to P.4 thence runs on a bearing of 2620 30’ for 70.0 feet to P. 1 the point
of commencement thus enclosing an approximate area of 0.33 or an Acre.
b. Special damages.
c. Damages for trespass.
d. General damages.
e. An order of Perpetual injunction to restrain the Defendant, his agents, theirs and
assigns from entering the land, continuing construction, or in any way
interfering with the land pending hearing and determination of this matter.
f. Recovery of possession of the land.
BRIEF FACTS OF THE CASE
The Plaintiff avers that it acquired a piece of land from Anona Family acting by Nai
Odupon Awushie Tetteh II Tsatsu Teye, head of the family and chief of Odupong
Ofankor acting with the concurrence of the Principal members of the family. The
Plaintiff says that the acquisition is evidenced by a deed of conveyance dated 12th
December, 1997 and registered in the Lands Registry as No. CRD 538 with serial
number 467/06 and plotted as CR 1334/98.
The Plaintiff avers that the land which is at Oduponkpehe, Kasoa in the Central Region
measures about 0.33 acre and is described as follows:
All that piece or parcel of land lying and situated at Oduponkpehe – Kasoa in the
Effutu-Awutu Senya District in the Central Region of the Republic of Ghana the
boundary whereof commencing at a pillar marked P. 1 is 75.9 feet on a bearing of
12000’ from survey pillar No. SGC. KL/70 which bearing together with all further
bearings hereinafter mentioned is referred to the meridian 10 West Longitude
thence from P. 1 runs on a bearing of 349000’ for 200.5 feet to P.2 thence run on a
bearing of 82030’ for 70.0 feet to P.3 thence runs on a bearing of 82030’