ROSE GOGOI ARYEETEY VS PASTOR EFFAH & BURGAR 1& BURGAR 2 & QUARCOOPOME & SIMON CUDJOE
2016
HIGH COURT
GHANA
CORAM
- JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Evidence Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of title over plots 22 and 23 but was opposed by the defendants, who claimed plots 20 and 21. Both parties traced their claim to the Abola Piam family but differed on the exact boundaries. The court found that plots 20 and 21 belonging to the 5th defendant were distinct from the plaintiff’s plots. Thus, the plaintiff's claims were dismissed, while the 1st and 5th defendants' counterclaims were successful, except for the damages claim.
The Plaintiff per her amended Statement of Claim filed on 14th February2011 prayed the Court for the following reliefs: 1. “An order for declaration of title to Plot Nos.
22 and 23 Block “A” Sector 3, Sowutuom Residential Estate Layout Accra.
2. An order for recovery of possession of Plot Nos.
22 and 23, Block “A” Sector 3, Sowutuom Residential Estate Layout Accra.
3. Damages for trespass.
4. Order for perpetual injunction to restrain the defendants, their agents, assigns, heirs from interfering with the plaintiff’s title to and quiet enjoyment of the said parcel of land.
5. Legal costs”. It is the case of the plaintiff that she purchased land known as plotsnumbers 22 and 23 Block A Sector 3 Sowutuom Residential EstateLayout from the Abola Piam (Tunma We) family of Accra.
Thetransaction was reduced into writing and same registered at the Lands Registry as 917/1988. She went into possession and erected cornerpillars on the land.
She farmed on the land and later sold one third ofthe land to one Robert Owusu in 1988. She enjoyed long peacefulpossession until the year 2000 when she noticed acts of trespass fromthe defendants.
She protested and warned the defendants to desistfrom their unlawful acts.
On 9/4/14, upon an application by the plaintiff 4th defendant’s name was struck out.
The 1st and 5th defendants denied each and every averment of factcontained in the statement of claim.
It is their contention that plaintiff’sland is separated from 5th defendant’s land by a lane.
The 5thdefendant’s land is plot number 20 and 21. 1st defendant occupies 5thdefendant’s land with his permission.
5th defendant acquired his landfrom the Abola Piam family then under the joint headship of CharlesOkai Botchway and Mathew Adotei Allotey.
1st defendant operated aschool and pastored a church on the land.
According to him the plaintiff engaged the services of land guards who destroyed 1st defendant’s school buildings and residential accommodation under construction as well as a 300 – “seater” capacity chapel.
The 1st and 5th defendants counter claimed as follows: 1. “Declaration of title to Plots Nos.
20 & 21 in favour of 5th defendant with the schedule as follows: All that piece or parcel of land lying and being at SowutuomResidential Estate Layout- Accra North West and bounded on theNorth by a proposed road measuring 150 feet more or less, on theSouth by Plots Nos.
34 and 35 (Gabriel Quacoopome) measuring150 more or less, on the East by proposed road me