2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff filed a suit against several defendants seeking a declaration of title and possession over a disputed parcel of land. Despite presenting a lease and claiming ownership, the plaintiff's grantors had previously transferred interest to the Tackie Tawiah Family, who issued legitimate grants to the 15th defendants. The court dismissed the plaintiff's claims, sustaining the ownership claims of the defendants based on earlier valid transactions by the Onamrokor Adain Family.
Plaintiff took a Writ of Summons and Statement of Claim against fourteen (14)Defendants on 28th June 2010, but with leave of the court, 15th and 16thDefendants were joined to the Suit on 26th October 2010 and 27th October 2010. For some unknown reason Alhaji M. O. U. Abass who was joined as 15thDefendant became 16th Defendant while Theodore Foli Kanyi who was joinedas 16th Defendant became 15th Defendant and has been maintained as such.
Plaintiff filed an Amended Writ of Summons on the 2nd November 2010 for thefollowing reliefs: 1) A declaration of title to all that parcel of land particularly described in paragraph 3 of the Statement of Claim.
Recovery of possession of all parts of the said land trespassed upon by the defendants.
Perpetual injunction.
1st Defendant entered appearance and filed his Statement of Defence on 6thJuly 2010. 16th Defendant filed a Statement of Defence and Counterclaim on 6thDecember 2010 and an Amended Defence and Counterclaim on 14th May 2013. 9th, 10th, 11th, 13th and 15th Defendants filed their Defence and Counterclaim on17th November 2010. Plaintiff and DW1 had to be recalled for 16th Defendant’sCounsel to cross-examine them on 9th and 11th March because 16th Defendanthad no notice that hearing had begun.
16th Defendant’s witness DW1, completed giving his evidence on 23rd April 2015. On 12th May 2014 the Courtordered the Director of Surveys to prepare a Composite Plan on the requestfrom Plaintiff.
The report from the Director of Surveys delayed but was filed inthe Registry on 13th May 2015 without any notice but finally tendered in courtand was cross-examined by Counsel for 9th, 10th, 11th, 13th and 15th Defendanton 17th June 2015. The case was adjourned for Counsel for Plaintiff, Counsel for1st Defendant and 16th Defendant to cross-examine the Surveyor and 1stDefendant’s witness who had been recalled at the behest of 16th Defendant on21st July but Counsel for 16th Defendant failed to attend Court until 25thNovember 2016. The court adjourned to 9th December 2015 with an order toserve all absentee parties to fix a date to recall the surveyor and DW1, butParties failed to attend court.
After several adjournments the court ruled thatproceedings had closed on 2nd February 2016 and ordered parties to file theiraddresses for judgment to be delivered on 22nd April but this was adjourned to24th June 2015 and finally 13th July 2016. It must be noted that the 2nd- 8th and 14th Defendants did not file appearanceor any Defe