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RIIS HENRY OKAIKWEI VS NATHANIEL AZUMAH NELSON & MAAME SERWAH

2018

HIGH COURT

GHANA

CORAM

  • MRS MERLEY WOOD J.

Areas of Law

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

AI Generated Summary

Mrs Merley Wood J of the Ghana High Court adjudicated a dispute over a 0.25-acre parcel of land at Odorkor Tsuim (A Lang Awoshie) in Accra. The claimant, a descendant of Nii Tsuim Tawiah, sought declaration of title, recovery of possession, injunction, punitive damages, and costs. He traced title to a 1917 Asere Stool grant to Tsuim Tawiah (Gbawe Tawiah) and a 99-year lease dated June 1968 executed by administrators Daniel Seth Botchway, Okainkpa Tawiah and Okai Botchway, supported by Lands Commission searches and judgments/public notices. He proved acts of possession, including a mud structure and caretakers. The defendants repeatedly failed to attend proceedings or comply with orders; their defence was struck out under Order 32 Rule 7A(3)(b), later conditionally restored with punitive costs (GH¢20,000), but they remained in default. Applying Evidence Act burdens and precedents on unchallenged testimony and possessory title, the court found trespass and entered judgment for the claimant, granting declaration, possession, perpetual injunction, and costs (GH¢4,000).

JUDGMENT