ROBERT AMASSAH KOTEY v. ISAAC NARTEY & 3 OTHERS
2018
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought legal reliefs including declaration of title and damages for trespass on a land parcel in Apese Abormenya but faced issues with inadequate procedural compliance and insufficient evidence. The Plaintiff's main arguments were based on a disputed grant of land from a third party and alleged continuous possession, both of which were refuted by the Defendants. The court dismissed the Plaintiffs claims due to failure to establish ownership and legal burden of proof, paired with procedural lapses such as improper joinder and defective documentary evidence. The court emphasized the necessity for credible, comprehensive proof in matters of land title and possession.
JUDGMENT
The Plaintiff commenced this action on 12th October 2011. The reliefs contained in the endorsement on the writ of summons are:
A Declaration of title to all that piece of land at Apese Abormenya measuring an approximate area of 4.60 acres or 1.60 hectares.
Recovery of possession of the said land.
Perpetual injunction against the Defendants and their workmen, agents, privies, etc.
General Damages for trespass.
Any further order (s) as to this Court may appear just.
The Defendants filed a common defence on 1st November 2011 which was replied to by the Plaintiff on 7th December 2011. It appears that only the first and the fourth Defendants entered an appearance, while the second and third Defendant filed none as enjoined by the rules of Court (See Order 9 of C.I. 47). Nevertheless, the defence they filed cannot be ignored. Ofoe J.A. in the case of Samuel Kakra Mensah v. Christopher Kwablaligbidi [2014] 75 G. M. J. 157, C.A. at pages 167 -168 held: “In the Supreme
Court case of Major Mac Dorbi v. Richard Frimpong Civil Appeal No. J4/45/2011, even though the 2nd defendant did not enter appearance or file any defence in the trial, the Supreme Court held that in so far as he participated fully in the trial, non-entry of appearance or his failure to file a defence would not deny him the benefit of the judgment.”
On 27th September 2011, the Court adopted the following issues filed by the Plaintiff as the issues for determination:
Whether or not the Plaintiff is the bona fide owner of the land in question.
Whether or not the Plaintiff made a complaint to the Ghana Police Service at Dodowa when the Defendant trespassed unto the land?
Whether or not the Plaintiff is entitled to his claims?
Any other issue (s) arising from the pleadings.
The Case of the Plaintiff
The Plaintiff’s case is that he acquired a parcel of land from Asafoatse Adibor, III, the head of family and lawful representative of the Abonse Adibor family of Doryumu in the Dangbe West District of the Greater Accra Region. Asafoatse Adibor III executed a lease for the Plaintiff in respect of the parcel of land measuring an approximate area of 4.60 acres or 1.60 hectares on 2nd June 2009. In September 2011, the Defendants who are ordinarily residents of Apese Aborminya near Ago-meda entered the Plaintiff’s land without his consent. He lodged a complaint with the Dodowa police who arrested the Defendants and two others. Subsequently, they were admitted to bail. Despite the police in