NI LANTE LAMPTEY VS R. O. LAMPTEY & ORS
2016
HIGH COURT
GHANA
CORAM
- REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued for declaration of title, damages, and other reliefs concerning land at Danchira, claiming ancestral ownership. The 3rd Defendant, a real estate company, counterclaimed, alleging purchase by inducement from the Plaintiff. The court reviewed historical evidence, title deeds, witness testimonies, and past judgments. It concluded the land was rightfully part of the Djanbi Amu Family’s holdings, largely based on the actions and purchases of ancestor Kwame Amu. The Plaintiff's contradictory statements and actions weakened his case. The court thus upheld the 3rd Defendant's counterclaim, granted several reliefs sought by them, and dismissed the Plaintiff’s claims.
BRIEF HISTORY
Plaintiff issued a Writ of Summons against 1st and 2nd Defendants on 13th September 2007. 3rd Defendant was joined to the suit with leave of the court. The Court, however, decided to try the joinder separately. His Lordship Justice Owusu Ofori tried the case between Plaintiff and 1st and 2nd Defendants and gave judgment in favour of Plaintiff and dismissed 3rd Defendant’s Counterclaim on the grounds that 3rd Defendant’s claim was based on a grant from 1st and 2nd Defendant/judgment debtors, so there was no need to hear the case between Plaintiff and 3rd Defendant. 3rd Defendant appealed against this ruling, and on the 12th February 2015, the Court of Appeal granted the application and ordered that the case be remitted to the trial Court differently constituted for 3rd Defendant’s counterclaim to be heard on its merits. The case file was re-assigned on 12th March 2015. Parties were ordered to file their Witness Statements on 13th May 2015 and set down for hearing after a number of Case Management Conferences.
Plaintiff, per his amended Writ of Summons and Statement of Claim filed on 17th May 2011, sued for the following reliefs against the Defendants jointly and severally:
a. Declaration of Title to a parcel of land [known as Danchira land] situate lying and being at Danchira in the Ga District of the Greater Accra Region of the Republic of Ghana, bounded on the North by Adaimbra Hill, and bounded on the South by Amanfro lands; and bounded on the East by Banyebi Pond, Djoma and Afuaman; and bounded on the West by Akim Abuakwa land and Honi Stream, covering a total area of 13,774 acres more or less.
b. General damages for trespass.
c. Perpetual injunction restraining the Defendants, their agents, assigns, privies, workmen, servants, and all people claiming through them from entering and dealing with the land in any manner with Plaintiff’s family land, the subject matter of this suit.
d. An order declaring any purported registration of Plaintiff’s family land [Danchira land] by Defendants family at Lands Commission and Land Title Registry null and void.
e. An order directing Lands Commission and Land Title Registry to lapse and expunge from its records any purported registrations of Plaintiff’s family land, the subject matter of this suit, by the Defendants in their family name Nii Djan-Bi Amu Family.
f. Recovery of possession of any portion of Danchira land encroached on by 1st, 2nd, and 3rd Defendants.
ISSUES OR TRIAL
At the clos