SAMUEL ADJIN SACKEY VS SAMUEL ADJEI AGO
2019
HIGH COURT
GHANA
CORAM
- EMMANUEL AMO YARTEY (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
On August 30, 2010, the Plaintiff initiated a legal action against the Defendants seeking various reliefs, including a declaration of title to land in New Frafraha, Accra. The Plaintiff claimed possession of the land since 1983, but the Defendants claimed ownership based on a land certificate. The court held that the Plaintiff failed to prove the identity of the land and had no legal interest in it. However, the court granted the Plaintiff possessory rights over the developed portion of the land due to long, peaceful possession.
On the 30th day of August, 2010, the Plaintiff instituted the present action against the Defendants claiming the following reliefs:
a) Declaration of title to land situate and lying at New Frafraha, Accra bounded on the North East by Mantey Farms measuring 180 feet more or less, on the South West by lessors land measuring 200 feet more or less, on the South East by Dodowa road measuring 500 feet more or less, on the North West by lessors land measuring 500 feet more or less, on the North West by lessors land measuring 500 feet more or less and containing an approximate area of 2. 25 acres more or less.
b) Recovery of possession of the said parcel of land.
c) Damages for trespass.
d) Declaration that Land Title Certificate No. GA 12050 has been expunged from record since January, 1999. Or alternately; e) An order expunging Land Certificate No. GA 12050 from the records of Land Title Registry as it had been issued irregularly and/or unlawfully.
by f) Perpetual injunction restraining the Defendants and/or their agents, servants, workmen, privies, assigns or whomsoever from howsoever entering upon the property and or interfering with Plaintiff’s rights to enjoyment of the said property.
The case of the Plaintiff as captured by his Statement of Claim is that he acquired parcels of land adjoining each other from the Agbawe family of Frafraha.
An indenture to that effect was executed for him on the 16th April, 1983 by the lawful head and representative of the family.
The land according to him is situate at a place called New Frafraha covering an approximate area of 2. 25 acres.
It is his case that he presented same to the Lands Commission for processing and same was acknowledged as number AR/289/99 and took possession of the land by erecting corner pillars and shops on the land.
He also put one Kofi Deku on the land as a caretaker.
He further stated that recently the Defendants forcibly entered upon the land, destroyed farm produce and threatened the caretaker with violence.
The Defendants relied on a Land Title Certificate No. GN 12050, as the source of their ownership.
Plaintiff claimed the said certificate has since 1999 been expunged from the records of the Land Title Registry and confers no title on the Defendants.
The 2nd and 3rd Defendants filed a Statement of Defence to the claim and counterclaimed for the land in dispute.
They denied all allegations of fact contained in the Statement of Claim and put Plaintiff to strict proof of same.
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