ROSE-VIDA KAMBOE VS CHARLES QUAYE
February 28, 2019
HIGH COURT
GHANA
CORAM
- EMMANUEL AMO YARTEY (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
February 28, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Emmanuel Amo Yartey J decided a land dispute between a woman who acquired a 0.20-acre parcel at Ashiyie from the Nmati Abonase family in 2010 and Engineer Charles Quaye, who asserted an indefeasible title based on a 1995 Land Certificate referencing land at Frafraha. After the Defendant demolished part of the Plaintiff’s building in January 2013 and a referral to the Property Fraud Unit, the court set issues at the directions stage and ordered expert survey work. The Survey Department’s composite plan and surveyor testimony located the disputed parcel at Ashiyie, corroborated by the family head’s statutory declaration and Plaintiff’s searches and indenture. Applying the civil burden of proof and the rules on identity of land and indefeasibility of title, the court held Defendant’s certificate did not cover the disputed parcel, dismissed his counterclaim, and granted Plaintiff declaration of title, perpetual injunction, GH¢10,000 general damages, and GH¢2,000 costs.
The case of the Plaintiff as captured by her Statement of Claim is that in the year 2010 she acquired a parcel of land at Ashiyie from the Nmati Abonase family of Ashiyie in the Greater Accra Region and was issued with an indenture dated 10th July, 2010. Plaintiff avers that the land is situate lying and being at Ashiyie-Accra and bounded on the North-East by lessor’s land measuring 123. 2 more or less on the South-East by lessor’s land measuring 70. 1 feet more or less on the South-West by lessor’s land measuring 118. 1 feet more or less on the North-West by proposed road measuring 70. 3 feet more or less and covering an approximate area of 0. 20 acre.
Plaintiff avers that her grantors also derived their grant from a Statutory Declaration dated the 15th day of June, 1984 stamped as No. AC 3714/84 and registered at the Lands Registry as No. 2363/1984. Plaintiff states that before acquiring the land she conducted an unofficial search that showed that the land was initially leased to Miracle Revival Temple Complex by the Nmati Abonase family for a Church project.
And that the family re-possessed the land from Miracle Revival Temple Complex when the Church failed to use the land for a Church project and started selling same to developers.
Plaintiff avers further that the family after re-possessing the land sold part of it to one Fred N. Y. Biney and the one in dispute to her.
Plaintiff further states that she conducted an official search in July, 2012 which confirmed what the family told her.
And that at the time she acquired the land it was overgrown with bushes and trees and she had to clear the land and fell the trees.
Plaintiff avers that she started putting up a three bed room building on the land in 2012 and by 2013 the building has reached the lintel level without any confrontation from anyone.
Plaintiff avers that in or about 13th January, 2013, the Defendant trespassed onto her land and broke down part of her three bed room building for which reason she took pictures of the damaged structure.
And that the Defendant after demolishing a portion of the building left his phone number behind through which she contacted the Defendant and subsequently met Defendant who showed her a Land Title Certificate purporting to have acquired the land from the people of Frafraha.
Plaintiff avers that she later sent her workmen to the site and Defendant sent Police to drive them away from the land and that when she called the Defendant on phone and threatened