MRS. MARY PARKER & ORS vs SOFAAMY COMPANY LTD & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE S. H. OCRAN
Areas of Law
- Property and Real Estate Law
- Contract Law
- Administrative Law
- Constitutional Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court (Justice S. H. Ocran) resolved a land dispute over House No. C672/14, 27 Forest Lane, Dzorwulu, Accra involving the estate of the late Shaibu Adumuah Nortey, the 1st defendant, and the Lands Commission. The plaintiffs, administrators and beneficiaries of Nortey’s estate, asserted that the Osu Stool gifted the land to Nortey in 1968 and that they and their father continuously occupied it, even after the alleged 1973 government acquisition. In 2001 they granted the 1st defendant a 20-year lease to develop a building and deliver specified units to them, and they began registration and regularization with the Lands Commission. Despite knowing this, the 1st defendant later obtained a lease in 2011 from the Lands Commission. The court held the plaintiffs’ agreements valid, found no misrepresentation by them, and concluded that the 1st defendant’s separate regularization and lease were fraudulent. The court cancelled the 2011 lease, ordered the Lands Commission to grant a lease to the plaintiffs, directed the 1st defendant to vacate and plaintiffs to recover possession, and awarded costs to the plaintiffs.
The endorsement of the Plaintiffs writ issued on 13th December 2013 against the defendants is as follows:
a) A declaration that 1st Defendant obtained the lease dated 11th July 2011 from the 2nd defendant by fraud.
b) An order declaring the Lease between the defendants dated 11th July 2011 to be Null and void.
c) An Order cancelling the lease between the defendants dated 11th July 2011
d) A declaration that the 1st defendant has denied plaintiffs as its Landlords in respect of House Number C672/14 or Number 27 Forest Lane, situate lying and being at Dzorwulu, Accra
e) An Order that 1st defendant vacate and yield possession of House Number C672/14 or Number 27 Forest Land situate lying and being at Dzorwulu Accra to the Plaintiffs.
f) Further or Other orders In the Statement of claim that accompanied the writ of summons, the Plaintiffs described themselves as the administrators and beneficiaries of the estate of Shaibu Adumuah Nortey, who was the beneficial owner of House Number C672/14, Dzorwulu in Accra.
They also pleaded that the said Shaibu Adumuah Nortey was their father and a subject of Osu, and was granted the land in dispute in 1968 by the late Nii Dowuona V the Chief of Osu.
He took possession of the said land by occupying same until 1976, when he built a house thereon and numbered as House Number C672/14 Dzorwulu.
Before he built he applied for building permit and was issued with building permit Number 494/78 and the land was identified as Number X/N/SEC6/DZOR/79. The building permit is lost but the number is written on the building drawings approved by the Accra Planning Committee.
Their late father lived in this house with his children until their fathers death on 28th January 2000. The Plaintiffs were granted Letters of administration in respect of their fathers estate which included this house.
Since their father did not have any document of Title on the land before his death, they prepared a statutory declaration in 2001 and presented same to Lands Commission for registration and paid the processing fees.
When they followed up on the registration, they were informed that the Land fell within a government acquisition.
As such they were to apply for regularization of their title to the land; which they did in 2002. The Plaintiffs pleaded further that the 1st Defendant became their tenant in a portion of House Number C672/14 Dzorwulu, Accra on 27th July 2001 for a period of 20 years, and a lease was given to it.
Amongst the terms o