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Nii Ayikai III and Love Priscilla Lamiley Nunoo v. Idirusu Hausa and 3 Ors

November 18, 2016

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Administrative Law

AI Generated Summary

In the Ghana High Court, Justice Kwabena Asuman-Adu resolved a title dispute over approximately 0.09 acres at Abossey Okai/Mataheko, Greater Accra. The first plaintiff, the lawful occupant of the Akumajay Stool and custodian of stool lands, granted the parcel to the second plaintiff in March 2014. The second plaintiff’s mother, Emma Adoley Dickson, had occupied the land since 1975 with stool consent; after her death in 1987, the second plaintiff remained in possession, constructed a seven-bedroom house in 1993–1994, and attempted to register title. The Lands Commission refused registration due to entries involving three other defendants, none of whom entered appearance or defended. On unchallenged evidence showing chain of possession and a regularizing lease, the court found the plaintiffs proved title by a preponderance of probabilities, declared title for the second plaintiff, ordered cancellation of the other registrations, directed the Lands Commission to register the second plaintiff’s interest, granted a perpetual injunction, and awarded costs.