Nicholas Yao Doe and 2 Ors v. Robert Dogbe Agbeshie and 2 Ors
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Equity and Trusts
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute over ownership of land located in Laterbiokorshie, Accra. The Plaintiffs, as administrators of their late grandfather's estate, claimed ownership and accused the Defendants of encroachment and fraudulent registration of deeds. The Defendants denied the claims, asserting their valid acquisition through a different chain of title traceable to the same original grantors. Upon examining the evidence provided, the court found that the Defendants had a legitimate claim to the land, and that the Plaintiffs failed to prove their assertions. The delay in taking legal action by the Plaintiffs was also seen as detrimental to their case. The court dismissed the Plaintiffs' claim and upheld the Defendants' counterclaim, granting them legal ownership and dismissing the allegations of fraud.
The Plaintiffs are joint Administrators of the estate of their late grandfather, Charles Torgbui Tetteh.
Plaintiffs claim that their late grandfather was the owner of the land in dispute which is located in Laterbiokorshie, Accra and described as being “bounded on the North by vendor’s property measuring 135 feet more and less, on the South by J. C Netey and F. C Ashong’s properties measuring 200 feet more or less, on the North by Inner Ring Road measuring 70 feet more or less and containing an approximate area of 0. 265 of an acre. ”According to the Plaintiffs, by a deed of conveyance executed on the 16th July, 1951 between Emma Mills and Helena Mills both from the Ablorh Mills Family of Accra, their deceased grandfather acquired the land in dispute.
He subsequently registered his document covering the land in dispute at the Gold Coast Registry and same was indexed as Deed Registry Number 1092/1951. He also bought one thousand (1, 000) pieces of five inch blocks in August 1960 and by 1970 had placed them around the boundaries of the land in dispute.
Plaintiff’s case is that sometime in September 1970, the 1st Defendant encroached on a section of their grandfather’s land.
As a result, their grandfather caused his solicitor to send an eviction notice dated 18th November, 1970 to the 1st Defendant.
Plaintiffs claim that in response to the notice, the 1st Defendant approached their grandfather in the company of one S. A. Amuzu, who was a block maker, to plead with him to allow him to carry on his welding business on a section of the land in dispute.
Plaintiffs’ grandfather allegedly acceded to this request and since then, the 1st Defendant has constructed his welding shop on a part of the land in dispute.
The Plaintiffs also claim that the 2nd Defendant has encroached on the land by establishing an office complex on a section of the land in dispute.
The Plaintiffs further claim that the 3rd Defendant has fraudulently registered a conveyance in favour of the 1st Defendant dated 10th April, 1998. This registration was done in spite of the fact that the title of their grandfather’s grantors in the land in dispute had been confirmed by a judgment of the Court dated May 17, 1971 which had been plotted in the records of the 3rd Defendant.
The Plaintiffs’ case is that subsequent to the death of their grandfather, Letters of Administration of his estate was granted on the 19th of May, 1992 to Plaintiffs’ father, Godwin Yao Tetteh and his brothers Christian D