Pastor Henry Annan and Mad. Elizabeth Darko v. CPL. Dennis Yeboah
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs, claiming legal ownership of two land parcels at Adenta Estates, Accra, accused the defendant of trespass and dismantling a three-bedroom house on this land. Despite the defendant's failure to respond or attend court hearings, the plaintiffs provided written and testimonial evidence verifying their claim. Referencing various legal precedents and statutes, the court awarded the plaintiffs title declarations, damages for trespass and demolition, and an injunction against the defendant's interference, based on the credible evidence provided by a single witness.
The plaintiffs per their writ of summons dated 2nd October 2013 issuedagainst the defendant herein are claiming the following reliefs: 1. “A declaration of title to all that land situate at Adenta Estates, Accra and covering an approximate area of 0. 36 acre…bounded on the North West by proposed road measuring 80 feet more or less on the North East by lessor’s land measuring 200 feet more or less on the South-East by proposed road measuring 80 feet or less on the South West by lessor’s land measuring 200 feet more or less…2. A declaration of title to all that land situate at Adenta Estates, Accra and covering an approximate area of 0. 36 acre…bounded on the North West by proposed road measuring 80 feet more or less on the North East by lessor’s land measuring 200 feet more or less on the South-East by proposed road measuring 80 feet or less on the South West by lessor’s land measuring 200 feet more or less…3. Recovery of possession of all those lands referred to in (1) and (2) above or any part thereof unlawfully entered into by the defendant 4. Damages for trespass on the land aforesaid by the defendant.
5. Damages for the unlawful demolition done to the three bedroom structure on the land which is estimated at GH₵11, 500. 00 as at September 2012. 6. An order of perpetual injunction restraining the defendant, either acting by himself, his agents, assigns thugs, hirelings, workmen, servants or howsoever described from interfering with the use anddevelopment of the land the subject matter of this suitby theplaintiffs.
7. Any further orders…”The plaintiffs per the statement of claim filed on their joint behave averthat they are husband and wife.
They described themselves as the legaland beneficial owners of the two parcels of land described above.
Theyare adjoining lands and each parcel contains two plots of land.
Thesecond parcel of land was originally acquired by the 2nd plaintiff for andon behalf of Mr and Mrs Francis Cobbina but they transferred theirinterest in the land to the plaintiffs and delivered to them their originaldocuments.
The plaintiffs went into possession, cleared the land andfixed corner pillars.
They secured the services of a caretaker who lives ina house near the two parcels of land, after depositing sand, stones andcement blocks on the land.
They erected a three bedrooms structure onthe land but this structure was demolished by thugs who disclosed tothe police when arrested that the defendant was their principal.
Theparcels