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
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a long-running land dispute where the plaintiffs sought declarations of title, perpetual injunction, recovery of possession, damages for trespass, and demolition of structures from the defendants. The plaintiffs argued that their land, secured by leasehold from a common vendor, was trespassed upon by the 1st defendant, who claimed it on behalf of her son. The court found that both parties had grants from the same vendor family, but the 1st defendant had unlawfully encroached on the plaintiffs' plots. The court granted all the reliefs sought by the plaintiffs, dismissed the claim of the 2nd defendant, and awarded damages and costs to the plaintiffs.
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