2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Aboagye Tandoh of the High Court adjudicated a land dispute involving a businessman-farmer and 21st Century Construction Company Limited, with the Lands Commission (Central Region) implicated in plotting and registration. The Plaintiff relied on a 99-year lease executed in 1998 by the Asona family of Gomoa Ojobi, signed by Ebusuapanyin Kwame Efisah and witnessed by the Ojobi chief, and maintained possession for over two decades through farming and caretaking. A search revealed that the Lands Commission had plotted part of his land in favour of 21st Century Construction Company Limited, derived from a 2005 mandamus tied to a 1997 lease by Nana Abor Ewusi XIX of Gomoa Fetteh. Applying the Evidence Act’s civil burdens and the higher fraud standard, the court found the Plaintiff proved title and possession on the balance of probabilities and established fraud beyond reasonable doubt. The court declared title, set aside the mandamus, ordered deletion of records, awarded damages for trespass, granted recovery and a perpetual injunction, and imposed costs.
The Plaintiff caused a writ of summons to be issued on the 4
th day of September, 2018,
against the Defendants and claimed for the following reliefs:
1. All that piece or parcel of land situate at Gomoa Ojobi in the Awutu Efutu Senya
District in the Central Region of Ghana the boundary whereof commencing at
Pillar CP1 IS 628 feet from the North-Eastern corner of culvert over a stream runs
on a bearing of 61° 00 which bearing together with all further bearings hearing
after mentioned is referred to the meridian 1° west longitude from CP1 runs on a
bearing of 355°.00 for a distance of 600 feet to CP2, thence runs on OF 354°.00 for
a distance of 900 feet to CP3 thence runs on a bearing of 263° for a distance of 800
feet to CP4, hitting Ojobi-Senya Motor Road runs on bearing of 356°.00 for a
distance of 748 feet to CP5 thence of bearing of 71°.00 for a distance of 949 feet to
CP6, thence runs on a bearing of 110°.00 for a distance of 200 feet to CP7, thence
runs of on bearing of 60°.00 for a distance of 700 feet to CP8, thence runs on a
bearing of 65°.00 for a distance of 659 feet to CP9, thence runs on a bearing of
160°.00 for a distance of 713 feet CP10, thence runs on a bearing of 72°.00 for a
distance of 1200 feet to CP11, thence runs on a bearing of 161°.00 for a distance of
1,600 feet to CP12, thence runs on a bearing of 251°.00 for a distance of 1,200 feet
to CP13, thence runs on a bearing of 249°.00for a distance of 1,100 feet to CP14,
thence on a bearing of 249°.00 for a distance of 970 feet to CP1 the point of
commencement and closing approximate area of 125.33 acres which piece or
parcel of land is more particularly delineated on plan attached hereto and
thereon shown edged pink.
2. Damages for Trespass.
3. Recovery of Possession
4. An order directed at the 2nd Defendant to delete 1st Defendants name from its
records as owner of any portion of the land in dispute on grounds of fraud.
5. An order setting aside the order of mandamus obtained dated 19th day of
September, 2005 compelling the 2nd Defendant to plot the lease dated the 1st
April, 1997 between Nana AborEwusi XIX and 21st Century Construction
Company Limited which lease affects Plaintiffs prior acquired land as having
been obtained by fraud.
6. Perpetual injunction restraining the Defendants his agents, servants, assign,
workers or anybody claiming through them from having anything to do with the
land in dispute.
7. Costs.
8. Any other order or ord