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SAMUEL BROOKMAN AMISSAH VS JONATHAN NARH DOWUONA & 1 ors

May 30, 2018

HIGH COURT

GHANA

CORAM

  • JUSTICE ANTHONY OPPONG

Areas of Law

  • Property and Real Estate Law
  • Administrative Law
  • Tort Law

AI Generated Summary

This judgment resolves a land title dispute over a parcel at Papao, Greater Accra. Both claimants obtained purported grants from the Osu Stool via E. Q. Nortey in 1998—one in September and the other in December. While the court acknowledged the first-in-time rule, it determined that the Government of Ghana had already compulsorily acquired the area in 1979 under Executive Instrument 58 and vested it in SIC Insurance Company Limited, extinguishing stool interests. The plaintiff later received a 50-year sublease from SIC (Exhibit D) and registered his leasehold under the Land Title Registration Law (PNDCL 152) (Exhibit E). The 1st defendant relied on a 2013 SIC letter (Exhibit 3) but failed to produce the referenced attachments. The court held the 1998 stool grants void, found the plaintiff’s SIC-derived and registered interest superior, granted a declaration of title, recovery of possession, and an injunction, and awarded GH¢15,000 damages for trespass and GH¢8,000 costs, dismissing the defendants’ counterclaim.

JUDGMENT