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SOLACE ADOGLA & 1 ORS VS NANA ESSEL II & 4 ORS

2019

HIGH COURT

GHANA

CORAM

  • JUSTICE AFIA SERWAA ASARE-BOTWE (MRS.)

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Civil Procedure

AI Generated Summary

This case involves a dispute over a 375.845-acre parcel of land at Buduburam. The Plaintiffs, as Executors of the Estate of the late Gabriel Awuku Adoglah, sued for declaration of title, recovery of possession, and other reliefs. The land was originally leased to Adoglah in 1977 for 99 years. The Defendants had allegedly encroached on the land and constructed buildings without authority. The court held that the Plaintiffs are the beneficial owners of the leasehold in the property and granted all the reliefs sought, including declaration of title, recovery of possession, cancellation of inconsistent documents, perpetual injunction against the Defendants, and damages for trespass. The court emphasized several legal principles, including the binding nature of written agreements, the necessity of proper notice for re-entry of leased land, and the invalidity of subsequent grants of the same land. The case highlights the importance of proper documentation and registration in property disputes.

JUDGMENT