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SETH QUAO DUNCAN v. ALHAJI MARTEY

October 29, 2010

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Tort Law
  • Probate and Succession

AI Generated Summary

At the High Court, Mr. Justice S. H. Ocran adjudicated a land dispute between the acting head and co-administrator of the late Mary Obaamla Duncans family estate and a defendant who claimed occupation based on permission from Ghana Railway Company Limited. The plaintiff sought declaratory title and associated reliefs over approximately 19.05 acres at Ofankor, relying on Mary Duncans 1959 registered conveyance. After plaintiff closed his case, the defendant moved to strike on capacity grounds; the court refused, allowed amendment to reflect the plaintiffs administrative capacity, and later addressed capacity substantively. Applying pleading rules and customary intestacy principles, the court held the plaintiff had capacity. On the merits, the court found government acquisition claims from 1909 did not encompass the registered 1959 land and, relying on a survey plan (Exhibit CW1A), concluded the defendants actual occupation lay within the plaintiffs land. The court granted declaration, possession, GH10,000 trespass damages, injunction, and GH4,000 costs.

JUDGMENT