PIONEER AFRICA & ANOR vs KADIRI OSMAN & ANOR
2017
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, ERIC K. BAFFOUR, ESQ., JUSTICE OF THE HIGH COURT
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
2017
HIGH COURT
GHANA
CORAM
AI Generated Summary
Two companies limited by guarantee sued individuals they characterized as chiefs of Ashalaja in the Greater Accra Region, seeking declaration of title, recovery of possession, injunction, damages, and costs over a twenty-acre parcel. Plaintiffs relied on ninety-nine-year leases executed in January 2007 by the Akwanor family acting per Adams Addy and the Akwanor joint heads, as well as a prior High Court judgment (Suit No. 1222/89: Nii Kojo Appiah v Nii Akwaanor) declaring that Ashalaja lands belong to the Akwanor family and recognizing Nii Akwaanor (substituted by Adams Addy) as family head. Defendants contested capacity and denied any lease but failed to attend or comply with case-management orders; the court struck out their defence and counterclaim under Order 32 Rule 7A. Applying estoppel res judicata and noting defendants’ failure to cross-examine, the court found plaintiffs had proved ownership and granted declaration, recovery, perpetual injunction, general damages of GH10,000, and costs of GH8,000.
Plaintiffs claim the following reliefs endorsed on their amended writ issued against the defendants:
a. A declaration of title to all that pieces and parcels of land situate, lying and being at Ashalaja, in the Greater Accra Region which said property is described in the schedule hereunder.
b. An order of interim injunction restraining the defendants, their agents, assigns, workmen or otherwise howsoever described from interfering with the plaintiff’s interest in the land described in the schedule hereunder until the determination of the case.
c. An order of perpetual injunction restraining defendants, their assigns, workmen or otherwise howsoever described from interfering with Plaintiff’s interest in the land described in the schedule 1 and 2 hereunder.
d. An order for recovery of possession.
e. Damages for trespass.
f. Costs Plaintiff, a company that claims that it is limited by guarantee issued a writ against the defendants, whom it says are all persons purporting to be chiefs of Ashalaja.
Plaintiffs claim that per a lease dated the 3rd of January, 2007 made between Akwanor family acting per Adams Addy and Akwanor joint heads of the Akwanor family and 1st plaintiff, the latter was given a ninety nine year lease over a twenty acre land at Ashalaja in the Ga District of the Greater Accra Region.
To plaintiffs there was another lease agreement between the Akwanor family and the 2nd plaintiff in respect of the same parcel of land for a ninety nine year lease in January, 2007. That as they are in the process of registering the land the defendants have suddenly commenced trespassory activities on the land.
Notwithstanding the plaintiffs causing the arrest of the defendants and their assigns, the defendants have persisted in their unlawful acts.
Plaintiffs continue that the land has been the subject of a previous litigation and they have judgment in favour of their grantors.
And hence the claim of plaintiffs for the reliefs endorsed on the writ.
Defendants in a statement of defence and a counterclaim filed pursuant to leave granted by the court denied the claim of plaintiffs and have counterclaimed for the following reliefs:
i. Declaration of title
ii. Injunction
iii. Recovery of possession
iv. Damages for trespass
v. Costs
In their statement of defence, 2nd defendant maintains that he is the chief of the Akwannor family of Ashalaja and the uncle of 1st defendant.
They further maintained that the head of the Akwannor family is Solomon Minta