Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

OPANYIN EDWARD KWAKU AGYARKWA v. JAMES FOLAGIN

June 8, 2010

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Civil Procedure
  • Tort Law

AI Generated Summary

The High Court, per His Lordship Mr. Justice S. H. Ocran, adjudicated a land dispute involving the Tete pa ogya Agona family of Adamorobe and a Defendant who asserted title through the Mayawei family of Nungua. The Plaintiff family sought declaration of title, recovery of possession, trespass damages, and a perpetual injunction over six plots situated along the Dodowa Road and bounded by family lands and the AccraOyibi main road. The Plaintiffs spokesperson, Kwame Ntow, testified to ancestral ownership, prior litigation success, and tendered a land title certificate (Exhibit A) with a site plan under the Land Title Registration Law (P.N.D.C. Law 152). Applying precedents including Nyamekye v Ansah and Agyei Osae v Adjeifio, and noting the Defendants admission of building without consent, the Court declared title for the Plaintiff, ordered possession, awarded GH10,000.00 damages for trespass, granted a perpetual injunction, dismissed the counterclaim, and awarded GH2,000.00 costs.

JUDGMENT