REV HANSON METTLE & ANOTHER vs NANA ASARE & ANOTHER
June 12, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M.C. ABODAKPI J.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Constitutional Law
- Tort Law
June 12, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Ghana High Court, per His Lordship Justice Nicholas M.C. Abodakpi, granted judgment to Reverend Hanson Mettle and a second plaintiff over a 0.32-acre parcel at North Kwabenya (Ajangote), Accra. Plaintiffs traced title to the Swaniker family of Osu, obtained a lease from family head Kate Veronica Swaniker, registered and stamped the conveyance, and secured a Land Title Certificate. They remained in possession since 2000, posted warnings, and documented encroachment as the first defendant, Nana Asare, continued building without disclosing his principal. Defendants failed to appear despite substituted service. Applying the Conveyancing Act, Land Registry Act, the Land Title Registration Law (PNDCL 152), the Evidence Act, and Article 18 of the 1992 Constitution, the court held plaintiffs had an indefeasible, state-guaranteed title, entered judgment for title, possession, injunction and demolition, and awarded GH60,000 in general damages and GH20,000 costs.
This action has been commenced on 28/09/2018, with a Writ of Summons, indorsed with declaration of title, Recovery of possession, and order for demolition, perpetual injunction and general damages.
The writ of summons and statement of claim, were served by an order of substituted service granted by this Court.
The record showed that on 28/11/2018, the order was posted as directed.
The on 29/01/2019, Counsel for Plaintiff filed a motion to sign, judgment in default of Appearance.
The motion was heard, and granted on 05/02/2019. That day this Court entered interlocutory judgment in Plaintiff’s favour, and directed that witness statements should be filed.
The witness statements were filed as directed.
They were served by mode of substituted service, which was granted on 05/02/2019. The affidavit of posting on the record shows that on 03/04/2019, the processes were posted at various places stated in the order.
The Defendants failed to appear in Court.
And on 10/05/2019 evidence was heard from Plaintiffs in support of their claims. Reverend Hanson Mettle, testified on 10/05/2019. His witness statement was admitted as the evidence – in – chief.
And he also tendered EXHIBIT ‘A’, ‘B’, ‘C’ and ‘D series’ in support of the claims. EVIDENCE AND ASSESSMENT OF IT The witness statement of 1st Plaintiff/Rev.
Hanson Mettle was made on behalf of the 2nd Plaintiff.
The testimony is to the effect that in year 2000 based on a decision to buy a piece of land, offered by Thomas Aryee (alias) Jacob Ayi, at North Kwabenya, they conducted due diligence search at the Land Commission Secretariat and found that the land belongs to the Swaniker family of Osu, headed by Veronica Swaniker.
Furthermore, the evidence is to the effect that, Kate Veronica Swaniker, the head of family made a grant in their favour, with the consent of the principal members of the family.
EXHIBIT ‘A’ has been cited as the deed of lease, on the transaction.
The witness described the land as follows: “… All that piece or parcel of land situate lying and being at North Kwabenya (Ajangote) – Accra in the greater Accra Region of the Republic of Ghana containing an approximate area of 0. 32 acre and bounded on the North-East by lessor’s land measuring 99. 8 feet more or less on the South-East by lessor’s land measuring 140. 9 feet more or less on the South-West by lessor’s land measuring 100. 00 feet more or less and on the North-West by proposed Road measuring 139. 2 feet more or less…”Besides this de