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
October 29, 2010
HIGH COURT
GHANA
CORAM
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.
1. The plaintiff, by his writ and statement of claim filed on 6th October, 2005, claimed the underlisted reliefs in his capacity as the acting head of the late Mary Obaamla Duncan Family.
a) A declaration of title to all that piece or parcel of land situated lying and being at Ofankor along the Accra –Nsawam Road and bounded on the North by Dzorshie Stool land measuring 255 feet more or less, on the East by the Accra – Nsawam Road, measuring 2260 feet more or less, on the South by land measuring 185 feet more or less and on the West by the Accra Nsawam Railway Line measuring 2450 feet more or less and covering an approximate area of 19.05 Acres.
b) Recovery of possession
c) Damages for trespass
d) Perpetual Injunction Restraining the Defendant, his servants, agents and workmen and all those claiming through him from entering on the land in dispute or interfering with the land in any manner whatsoever.
In the statement of claim that accompanied the claim, the plaintiff traced his root of title from one Mary Obaamla Duncan, who was said to have purchased the land from one Robert Kotey Tawiah and was issued with a Deed of Conveyance dated 4th September, 1959.
That this Mary Obaamla Duncan died intestate on 23rd December, 1975, and Letters of Administration was granted to the plaintiff on 10th September, 2003.
The Defendant denied the plaintiff’s title and asserted that he and other Car towers were given the said land by Ghana Railway Company Limited in 1999, and that the said land falls within government acquisition for railway.
The issues set down for hearing were as follows:
1. Whether or not the land in dispute falls within any land acquired by the Ghana Government for the Ghana Railway Company.
2. Whether or not the land in dispute falls within the plaintiff’s late mother’s registered land No. 3167/1959, covering an approximate area of 19.025 Acres.
3. Whether the Defendant has trespassed on a portion of plaintiffs land.
4. Whether the plaintiff is entitled to his claim.
5. Any other issues arising from the pleadings
At the hearing, the plaintiff tendered Letters of Administration in respect of the estate of Mary Obaamla Duncan, in favour of the plaintiff and Mrs Ernestina Monney, without any objection, and same was admitted as Exhibit ‘C’.
After the plaintiff has closed his case, and before the Defendant opened his defence, a motion was filed by the Defendant to strike out the suit, since the plaintiff instituted the action in his ca