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STELLA LARBIE VS SAMUEL N. A. QUAYE

July 24, 2024

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP WILLIAM APPIAH TWUMASI (J)

Areas of Law

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

AI Generated Summary

The High Court, per His Lordship William Appiah Twumasi (J), adjudicated a land title and possession dispute between the administratrix of Mary Korkoi Hayford estate and the 1st to 11th Defendants concerning frontage land at Odorkor Official Town, Accra. Hayford had acquired and built rooms on the land and later discovered kiosks authorized by the 1st Defendant, including one operated by Augustina Asare. Earlier CDR arbitration produced a composite plan indicating non-contiguity of the 1st Defendant land, and a Magistrate Court case was discontinued for lack of jurisdiction. The court evaluated root of title, identification and possession. Relying on unchallenged material evidence, detailed surveyor testimony, and case law, it found the estate failed to identify the disputed parcel or prove possession, while the 1st Defendant established title. It further rejected road division and limitation defenses as pleaded, found the Plaintiff lacked capacity for failing to prove Letters of Administration, dismissed the Plaintiff action, and granted the 1st Defendant counterclaim and consequential reliefs.

JUDGMENT