SAMUEL COLECRAFT & 1 ORS VS DAVID OFOE & 1 ORS
2016
HIGH COURT
GHANA
CORAM
- JUSTICE K. A. GYIMAH J.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs filed a suit against the Defendants on 29th July 2015 for declaration of title to land, damages for trespass, recovery of possession, perpetual injunction, and removal of unauthorized structures. The Defendants did not appear in court, leading to an interlocutory judgment in favor of the Plaintiffs on 14th April 2016. The Plaintiffs presented evidence through an attorney, proving their acquisition and registration of the land in 2005. The court found the Defendants had trespassed and awarded the Plaintiffs title, recovery of possession, damages, and an injunction against the Defendants.
On 29th July 2015, the Plaintiffs issued out a Writ of Summons against the Defendants for the following reliefs: i. Declaration of title to all that piece or parcel of land more particularly described in paragraph 4 of the Statement of Claim.
Damages for trespass.
Recovery of possession of the land.
iv.
Perpetual injunction restraining the defendants, their assigns, privies, heirs workmen and women, servants and all persons claiming through the defendants the said piece or parcel of land from interrupting the quiet enjoyment of the plaintiffs.
v. An order that defendants remove or be removed at their expense any buildings or structures that they have erected on the land.
The Defendants were served with the processes through substituted service but they failed to enter appearance.
On 14th April 2016, this court differently constituted entered interlocutory judgment for the Plaintiffs and adjourned the matter for the Plaintiffs to lead evidence in proof of their title.
The Defendants were duly served to appear in court but as has been their practice, they failed to avail themselves the opportunity that was granted them to defend the action.
The Plaintiffs are ordinarily resident in the United States of America and as such one Patrick Lancelot Solomon came to give evidence on their behalf.
Mr. Solomon tendered in evidence two Powers of Attorney, one from the 1st Plaintiff and the other from the 2nd Plaintiff which were admitted in evidence as Exhibits A and B respectively.
I have examined the two documents and I am satisfied that they were duly executed in accordance with the Powers of Attorney Act, 1998 (Act 549). Mr. Solomon therefore has the requisite capacity to act as a witness on behalf of the Plaintiffs.
The case of the Plaintiffs is that they acquired the said land from New England Estates Limited sometime in 2005 and they have duly registered their land and acquired a land certificate as evidence of their title.
It is the case of the Plaintiffs that the defendants trespassed onto their land with the 2nd defendant erecting a structure on part of the land and the 1st defendant threatening to build on the remainder of the land.
The authorities are very clear that in an action for declaration of title to land, the Plaintiff must positively describe/ identify the land and its boundaries.
In Anane v. Donkor (1965) GLR 188, the Supreme Court held at holding 1 of the headnotes as follows: “a claim for declaration of title or an order for injun