SAMUEL NARTEY KODJOE VS ISAAC ATOYIRE

The Plaintiff, claimed to have acquired the disputed land from the State Housing Corporation in 1992. After the acquisition he permitted the Defendant’s father to stay on the land.

The said father constructed a wooden structure in which he lived with his family and also farmed on a portion of the land.

According to the Plaintiff after the death of the Defendant’s father, he intimated to the Defendant that he would now need his land for development.

Surprisingly the Defendant denied his title by claiming that his deceased father acquired the land from the Nungua Stool in his own right and this has compelled the Plaintiff to mount the present action for the following reliefs; “ a. Declaration of title to all that parcel of land in extent 0. 16 hectares(0. 38 of an acre) more or less being parcel No. 70 Block 11 Section 074 situate at Teshie/Nungua Estate in the Greater Accra Region as delineated on Registry Map No. 002/074/1992 in the Land Title Registry , Accra.

b. Recovery of Possession c. General Damages for trespass d. An order for the demolition of all unauthorized structures on the land.

e. Perpetual Injunction”The Defendant in his defence contended that his father was not the caretaker for the Plaintiff but a grantee of the Nungua Stool.

He said his father was given an indenture by the said stool and they have been in uninterrupted possession of same till his father passed.

The Defendant further maintained that he has not seen the Plaintiff on the land till this action was instituted.

The Defendant further claimed that in all the searches he conducted the Plaintiff’s name did not come up and since the Plaintiff is not related to any of the people whose names came up, the Plaintiff lacks the capacity to institute the present action.

The Defendant said the Plaintiff is not entitled to any of the reliefs.

The issues adopted for determination were“a) Whether or not the Plaintiff acquired the land in dispute from the State Housing Corporation (now State Housing Company Ltd. )b) Whether or not the Nungua Stool has legal right to give the land in dispute to the Defendant’s father.

c) Whether or not the Plaintiff is entitled to his claim.

d) Any other issues arising from the pleadings. ”I intend to discuss the only issue “a” and “b” because issue “c” has been held to be no issue which ought to be settled by a court of law as same is superfluous per the decision of Supreme Court in the case of DALEX FINANCE & LEASING CO.

LTD VRS EBENEZER DENZEL AM