2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involved a land dispute between the Plaintiff and the 3rd Defendant, both of whom claimed ownership of adjacent parcels of land purchased from the Asona family in 1979. The Plaintiff alleged that the 3rd Defendant had trespassed on her land. The court examined the evidence, including testimonies from the parties and the head of the Asona family, as well as registered land documents. The court found that the 3rd Defendant had not trespassed on the Plaintiff's land, as the Plaintiff had attempted to re-measure and annex a portion of the 3rd Defendant's land without the consent of their common grantor. The court emphasized the importance of the common grantor's evidence in land disputes and the effect of prior registration under the Land Registry Act. Ultimately, the court ruled in favor of the 3rd Defendant, declaring title to the disputed land and awarding damages and costs against the Plaintiff.
The Plaintiff per her amended writ dated 20th June 2008 claim against theDefendant as follows: 1. “A DECLARATION that the Plaintiff is entitled to the freehold estate and absolutely to ALL THAT PIECE OF LAND comprising 1. 38 Acressituate at PEDUASE-AKWAPIM in the Eastern Region of the Republic of Ghana bounded on the North-West by Vendor’s Propertymeasuring 200 feet more or less on the South-East by Vendor’sProperty measuring 200 feet more or less on the North-East byVendor’s Property measuring 300 feet more or less and on the South-West by the Vendor’s Property measuring 300 feet more or less andcontaining an approximate area of 1. 38 Acres more or less.
2. Recovery of Possession.
3. An Order that the 7th Defendant cancel/delete any conveyance on the Register inconsistent with the Plaintiff’s registered documents of title.
4. An Order of perpetual injunction to restrain the Defendants whether by themselves, their servants, agents or otherwise however from ordoing the following acts or any of them that that is to say trespassingon the piece of land by passing and re-passing over building on it orcarrying out thereon any building operations or otherwise.
5. Damages for Trespass.
6. Further or other relief. ”It is the case of the plaintiff that she bought two different parcels of landfrom the Asona family of Kitase and the Addo Kwame family of Abomire-Kitase near Aburi in the Eastern Region.
The two transactions wereevidenced in writing, stamped and registered at the Land Registry, Accraas 3964/1985 and 3963/1985. In July 1997, she visited the land and metthe 6th defendant building on a portion of her land under the claim that itwas sold to him by the Asona Family in March 1979. A search conducted atthe Lands Commission Secretariat, Koforidua, revealed that the 3rddefendant was claiming a large portion of the land on the basis of aconveyance from the 1st defendant.
The 5th defendant was also layingclaim to a portion of her land per a conveyance granted him by the 4thdefendant.
The plaintiff alleged she noticed some errors which arose as aresult of mutual mistakes in her documents; she brought them to theattention of her vendors.
These errors were corrected and a new deed wasexecuted by the parties, same stamped and registered.
This led to theplaintiff discontinuing an earlier suit filed.
She subsequently commencedthe instant suit.
The original 1st defendant (Nana Twum Ankrah) died in 2004. He wassubstituted by the 2nd defendant (Nana Kofi Sa