NII KOTEY AMLI III VS KOTEI DZANIE & ORS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the Plaintiff's claim to land ownership and disputes arising from assignments of the land without proper consent. The court examined historical judgments supporting the Plaintiff's family ownership, analyzed evidence including surveys, and dismissed Plaintiff's claims against the 1st and 2nd Defendants while upholding claims against the 3rd Defendant for trespass and possession. Key legal principles highlighted included the burden of proof in land disputes and the impact of fraudulent claims.
The Plaintiff, Nii Kotey Amli III, is the head and the lawful representative of the La Klannaa Quarter.
By a number of judgments emanating from the Circuit Court, High Court and Court of Appeal, the said Quarter, according to the Plaintiff, has been adjudged the owner of La Bawaleshie-Otele lands, also known as, East-Legon.
By a lease dated 25th November 2002, the Plaintiff’s family granted a parcel of land situate at Otele to the 1st Defendant for a term of fifty (50) years.
The Plaintiff claims that, without his family’s consent, the 3rd Defendant has assigned his interest in the land in dispute to the 2nd Defendant and the 2nd Defendant has also put up a storey building on the land in dispute, which is being occupied by the 3rd Defendant.
Plaintiff maintains that the purported assignment of the land in dispute by 1st Defendant to the 2nd Defendant is a nullity as the consent of his family was not sought before the transaction.
He therefore alleges that the presence of the 2nd and 3rd Defendants on the land in dispute constitutes a threat to his family’s reversionary interest in the said land and is also an act of trespass.
Plaintiff therefore prays for the following reliefs; 1. A declaration that the land described in the schedule contained in the statement of claim forms part of La Bawaleshie-Otele lands, property of the Plaintiff’s family.
2. Recovery of possession of the land, subject matter of the suit.
3. Damages for trespass.
4. Perpetual injunction restraining the 2nd and the 3rd Defendants from laying any further claim to the land subject matter of the suit.
In his Statement of Defence, the 2nd Defendant stated that the land in dispute was not assigned to him by the 1st Defendant as alleged by the Plaintiff but by one Abdul B. T. Mohammed who is an assignee of the 1st Defendant.
He claims that the said Abdul B. T Mohammed assured him that the transaction was regular and that all consents had been sought and obtained.
Upon acquisition of the land in dispute, he put up a storey building.
Subsequently, the 3rd Defendant took legal action against him and his grantor, Abdul B. T Mohammed, at the High Court and obtained judgment against them in respect of the land in dispute.
He claims that following the execution of the said judgment, the 3rd Defendant is currently occupying the storey building.
The 2nd Defendant further claims that the 3rd Defendant had no capacity to bring the said suit against him and his grantor because the 3rd