ROBERT MANTEAW SAFORO & ANOR vs MADAM CECILIA MENSAH & ANOR
2018
HIGH COURT
GHANA
CORAM
- JUSTICE GEORGE BUADI J.
Areas of Law
- Property and Real Estate Law
- Tort Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This Ghana High Court land dispute, presided over by Justice George Buadi, concerns adjacent plots at Amanfoo‑Koo, Frafraha, Accra. First and second plaintiffs, a married couple acting through attorney Daniel Owusu‑Ansah, obtained leases on 15 June 2001 for Plot Nos. 3 and 5 from the Adjei Kwashie, Adjei Kpabi and Sowah Klotia families. First defendant, Cecilia Mensah, claimed to have purchased Plot Nos. 2, 4 and 6 for her son, Gilbert N. N. Odonkor, and built a perimeter wall enclosing the land, encroaching onto plaintiffs’ plots and defying court injunctions. The court‑appointed surveyor’s composite plan (Exhibit CE1) showed first defendant’s on‑site claim overlapped Plot 3 and one‑third of Plot 5. The court declared plaintiffs the rightful owners, granted all reliefs against first defendant, ordered demolition of encroaching structures, and awarded each plaintiff GH¢10,000 nominal damages plus GH¢5,000 costs, dismissing claims against second defendant.
1. 0 Background
1. 1 This suit is evident of the undue tardy nature of our justice delivery system.
The suit was filed at the registry on June 2002. It had been trudging in the courts for the past 15 years coming before over six different judges of the court, some having retired on the Supreme Court.
The dirge, accompanying its final farewell from the life of this court is to be sung today.
1. 2 Pursuant to s. 104, Courts Act, 1993 (Act 492), this suit together with thirty-two (32) other land suits were by the order and hand of Her Ladyship, the Chief Justice of the Republic dated 17 November 2015 transferred to this court from the Lands Court, Accra.1 At the time of the transfer, plaintiffs have concluded and thus closed their case.
1st defendant was yet to conclude her evidence in chief.
1. 3 Plaintiffs are resident in Accra; 2nd plaintiffs are a married couple who prosecute the suit by Daniel Owusu-Ansah through their power of attorney.
1st defendant is a businesswoman, resident at Madina, Accra, whilst 2nd defendant lives at Frafraha, and at all material times a member of the Sowah Klotia Akpor, Samuel Adjei Okpoti and Sowah Klotia families, who appear to have granted the disputed plots of land to the parties.
1. 4 On 13 June 2002, the plaintiffs commenced the suit against the 1st and 2nd defendants for the following reliefs:
a 1st Plaintiff’s claim is for a declaration of title to the piece of land lying and situate at Amanfoo-koo, Frafraha, Accra bounded on the North-West by Plot number 4, measuring 100 feet more or less on the South-East by Plot No. 5 measuring 90 feet more or less on the North-West by plot number 1 measuring 90 feet more or less and containing an approximate area of 0. 21 acre more or motion or less and containing an approximate area of 0. 21 acre more or less.
b 2nd Plaintiff claim is for a declaration of title to the piece of land lying and situate at Amanfoo-koo, Frafraha, Accra bounded on the North-West by Plot Number 3 and measuring 90 feet more or less on the North-East by Plot No. 6, measuring 100 feet more or less on the South-West by a lane measuring 100 feet more or less and containing an approximate area of 0. 21 acre more or less.
c The Plaintiffs also ask for perpetual injunction, restraining the Defendant from entering the two plots of land until the final determination of this suit.
d Recovery of possession of the said two plots of land which have been trespassed upon by the Defendants for trespassed