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Nii Amoafio II and Ors v. Land Commission and 2 Ors

May 6, 2016

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

This Ghana High Court matter arose when plaintiffs, who had previously obtained judgment and later a demolition order concerning unauthorized structures on land at Amrahia, issued demolition notices during enforcement. The claimant received such a notice and asserted ownership of a 0.33-acre parcel at Adamorobe in the Tema District under a lease from the Okiti Pa Ogya Agona Family, evidenced by Land Certificate No. TD 2406, which the plaintiffs sought to demolish. The court convened the parties, but at their request allowed an out-of-court settlement. In Terms of Settlement, the claimant acknowledged the Nee Okangsuru Dsane Family of Teshie Kle Krobo as rightful owners, agreed to remain in possession for his lease term less one year and to surrender the land during the Year of Surrender, with a possible extension, and to pay GH8,000 as legal costs. The court adopted the terms as a consent judgment and made no further cost order.

JUDGMENT