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

REV. ISAAC HAMMOND & ANOR VS HON. DR. NANA ATO ARTHUR & ANOR

2024

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE BERNARD BENTIL - HIGH COURT JUDGE.

Areas of Law

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

AI Generated Summary

Executors/Trustees of the estate of Isaac Kweku Begyina sued asserting title and seeking possession and injunction over land near UCC, Cape Coast, alleging trespass by the Defendants. The 1st Defendant, an ex-MP and Head of the Local Government Service, and the 2nd Defendant denied trespass, asserting a 2007 acquisition registered at the Lands Commission and a building permit under the statutory layout, and pointing to a 20-foot lane between plots. After pleadings and a counterclaim, the High Court set a single issue for trial: ownership of the disputed land. Relying on a composite plan prepared by the Regional Surveyor, the court found that Plaintiffsf site plan fell at a different location, while Defendantsf site plan matched the ground; the disputed area lay outside land conveyed to Plaintiffs and development by Defendants was within their land. Unstamped indentures tendered by both sides were rejected under section 32(6) of the Stamp Duty Act. Judgment entered for Defendants, with a perpetual injunction and costs of GH50,000.

JUDGMENT