SETH DOMINIC AGLAGOH VS THOMAS ABOGYE DOMPIM
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWAME GYAMFI OSEI
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff claimed ownership of a piece of land based on acquisition from Nii Ayaa Odonkor, confirmed by the Lands Registry. Upon returning from travel, the plaintiff found the defendant had developed a structure on the land. The defendant claimed his vendors acquired the land earlier and the plaintiff's action was statute-barred. The court examined issues including the assignment, possession, prior sale, laches, acquiescence, and statute limitations. Concluding that the plaintiff's evidence was more credible, the court declared the plaintiff the bona fide owner, granted recovery of possession, damages for trespass, a perpetual injunction against the defendant, and costs in favor of the plaintiff.
Per his Amended Writ of Summons the Plaintiff claimed to have acquired the disputed land from Nii Ayaa Odonkor on the 18th day of November 2002. Before the acquisition he conducted a search at the Lands Registry which confirmed his grantors title to the said land.
After acquisition he entered into possession and laid some footings on the land.
A cadastral plan was prepared and duly published in the Spectator Newspaper without any objection and which thus served as notice to the whole world.
According to the Plaintiff he travelled outside the country for a brief period but before leaving he put a signpost on the land with the inscription “this land is not for sale”. Upon his return however he noticed that the Defendant has hurriedly put up a structure on the land and had demolished parts of his footings on the land.
It is his case that the Defendant has no title to the land and has therefore prayed this court for the following reliefs; “i. A declaration of title to all that piece or parcel of land the subject matter of this suit ii.
Recovery of possession iii.
Damages for trespass iv.
Perpetual injunction restraining the Defendant either by himself, his assigns, workmen, agents from trespassing to Plaintiff’s land v. Any further or other order(s). ”The Defendant denies the allegations made by the Plaintiff in his pleadings and also claims he acquired the disputed land through one Mallam Issa Ashallana and Alhaji Bawa from Thomas Musa Sissala and Memunu Sissala.
His grantors were granted the land by Nii Ayaa Odonkor who happens to be the Plaintiff’s grantor.
This transaction is evidenced by an indenture executed between the said grantor and them on the 18th of July 2002. According to the Plaintiff his vendors subsequently registered the land without any objection from anyone.
The Defendant contends that his grantors were the first in time to acquire the land.
After the acquisition the Defendant claimed he went into immediate possession and developed same to the window level and it was at that stage that the Plaintiff showed up and made adverse claim to the land.
The Defendant asserted that when he explained matters to the Plaintiff, the Plaintiff left and showed up subsequently with a writ of summons.
It is the case of the Defendant that even granted that the Plaintiff has any title to the disputed land, his action is caught by laches and acquiescence for sitting down for the land to be developed by him.
The Defendant further contends that his vendors had