NAA DEDEI ARYEE v. MRS KORANTENG & OTHERS
2018
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought declarations of title and possession, injunctions, and damages against Defendants over a disputed land. Defendants counterclaimed alleging the Plaintiffs certificate was obtained by fraud. The court struck out the Defendants' defense and counterclaim due to non-compliance in filing witness statements and non-attendance. The Plaintiff provided sufficient evidence, including a prior judgment confirming her title. The court ruled in favor of the Plaintiff on the primary claims but refused the reliefs for damages and demolition, awarding costs against the defendants.
JUDGMENT
On the 17th day of April 2014, the Plaintiff personally commenced this action per her lawful attorney, before later engaging a lawyer. The reliefs sought from the Court are:
a) A Declaration of title to all that piece of land approximately 0.74 acres at East Pantang known as Plot Numbers 64 & 66 Tetteh Tsuru Street, Plot Number 2, 1st Link Road and Plot Number 1
b) Recovery of possession of the said land
c) Perpetual injunction against the Defendants
d) General Damages for trespass and
(i) An order for the demolition on the structures on the land
(ii) An order for the Defendants to pay for the cost of the demolition.
In the Plaintiff’s Statement of Claim, she averred that the Defendants are all related to one Anthony Koranteng; the first Defendant is his wife, the second Defendant is his sister and the third is his brother in law. On 15th November 2000, the Plaintiff’s grantor by name, Adu Kofi Djin granted the subject matter lands to the Plaintiff. The instrument evidencing the transaction was stamped and plotted as number N6718. The Plaintiff entered into possession of the land, put up pillars and had her documents first plotted in the records of the Land Commission. She subsequently registered the land and obtained Land Certificate Number GA 25010 dated 11th September 2007. In October 2005, Anthony Koranteng went to the Madina Police Station to lodge a complaint that the Plaintiff’s land belongs to him. On 13th October 2005, while the Plaintiff was fencing part of her land, she received a call form one Inspector Quarshie inviting her to the Madina Police Station to appear to answer the claim made over the land.
After giving her version to the Police, both parties were warned not to enter the land to work on it but should rather go to the Lands Commission to conduct a search. The search disclosed that the two parcels of land were not at the same area, so the parties were asked to go to the Survey Department. Each party paid GH₵500.00 for the surveyor to prepare a composite plan for them. Anthony however defied the police advice and without waiting for the surveyor’s report, went and started building on it. The Plaintiff notified the police about the conduct of Anthony. When he was invited by the Police, frantic efforts were made to reach him on phone to no avail until Inspector Quarshie was transferred to Tema. One Inspector Djokoto took over the docket. He also made several unsuccessful efforts to get Anthony. When the Plaintiff went b