RIIS HENRY OKAIKWEI VS NATHANIEL AZUMAH NELSON & MAAME SERWAH
2018
HIGH COURT
GHANA
CORAM
- MRS MERLEY WOOD J.
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a property dispute where the Plaintiff sought multiple reliefs, including declaration of title and recovery of possession, against the Defendants. The lawsuit included claims of trespass and sought an injunction against the Defendants' continued interference. The Defendants filed a counterclaim but failed to attend several hearings, leading to procedural delays. The court ultimately struck out the Defendants' amended defense due to non-attendance. Based on evidence including lease documents and previous court judgments, the court ruled in favor of the Plaintiff, granting the reliefs sought and issuing costs against the Defendants.
The Plaintiff sued out a writ of summons and statement of claim against the defendants for the reliefs of: a. A declaration of title to all that piece or parcel of land situate lying at Odorkor Tsuim now known as A Lang Awoshie in Accra containing an approximate area of 0. 25 acre bounded on the North by a road measuring 110 feet more or less on the East measuring 107 feet more or less on the West measuring 100 feet more or less and on the South measuring 110 feet more or less.
b. Recovery of possession.
c. Punitive damages for trespass d. A perpetual injunction restraining the Defendants, either by themselves, agents assigns, privies, heirs, workmen, hirelings whomsoever or otherwise whosesoever from interfering with the possessory rights or interest of the Plaintiff’s land.
e. Costs.
f. Any other further reliefs that the Honourable Court deems fit in the circumstances.
The Defendants resisted by filing an Amended Statement of Defence and Counterclaim while the Plaintiffs filed a reply and defence to Counterclaim.
The following issues were set down for trial: i. Whether or not Plaintiff’s grandfather was the owner of the disputed land per the lease dated 10th June 1968. ii.
Whether or not the disputed land forms part of a deed of gift made in 1917 by the Asere stool to Tsuim Tawiah known as Gbawe Tawiah.
Whether or not the Defendants purported grantors family, Charbukwei family had any valid interest in the disputed land capable of alienation.
Whether or not 1st Defendant’s deceased mother has any valid interest in the land capable of devolution unto the 1st defendant.
v. Whether or not any interest can be held to have passed from the Charbukwei family predecessor in title.
The additional issues set down are the following: a. Whether or not the 1st Defendant’s late mother had exercised rights of ownership on the land in dispute unchallenged since 1972. b. Whether or not there was a mud house on the land when 1st Defendant’s late mother entered the said land upon purchase in 1972 till 1979 when she put up the building.
c. Whether or not the Plaintiff challenged the alleged demolition of the mud house and 1st defendant’ late mother subsequent construction of the house thereon.
The Defendants subsequently filed a motion for leave to amend their statement of defence on 21st June 2016 and this was moved and granted on 30th January 2017 which amendment was to be filed within seven days but it was filed on 10th February 2017. The Plaintiff filed an