STELLA LARBIE VS SAMUEL N. A. QUAYE
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP WILLIAM APPIAH TWUMASI (J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, as the administratrix of her mother's estate, sued for the title of a land parcel in Accra, but most defendants did not respond, resulting in a default judgment. The 1st Defendant counterclaimed, presenting evidence of long-term possession and ownership. The court found that the land belongs to the 1st Defendant and his claims of ownership and rights to place structures on the land were upheld. The Plaintiff lacked capacity to initiate action and failed to prove her claims. The court held the Plaintiff’s action was not barred by the statute of limitations and ruled primarily in favor of the 1st Defendant.
The Plaintiff suing in her capacity as the administratrix of the Estate of her late mother, Mary Korkoi Hayford took out of the Registry of this Court the present Writ against the Defendants seeking the following reliefs: (a) Declaration of title to all that piece or parcel of land abutting the road and forming part of Plaintiff’s 0. 311 acre of land situate at Odorkor Official Town, Accra.
b) An Order of Recovery of Possession against the 1st to 11th Defendant or their agents, assigns, servants, workers or successors.
c) Damages for trespass.
d) An Order of perpetual injunction restraining the Defendants from further acts of trespass.
e) Mesne profit(f) Cost. Having being served with the Plaintiff’s Writ, all the Defendants, save the 1st Defendant refused and/or failed to enter appearance to the Writ let alone file a Statement of Defence in the matter.
Plaintiff therefore applied for and obtained a Default Judgment against all the Defendants except the 1st Defendant.
The 1st Defendant did not only file Statement of Defence but he also counterclaimed against the Plaintiff as follows: (i) A declaration of title to all that piece or parcel of land measuring approximately 0. 09 the road forming part of the 1st Defendant’s 0. 46 acre land situate at North Odorkor Accra, bounded on the North-East by the grantor’s land measuring 150. 0 feet more or less on the South-East by the grantor’s land measuring 170 feet more or less and on the South-West by a propose road measuring 140 feet more or less on the North-West by the grantor’s land which parcel of land in particularly delineated on the site plan edged and shown pink showing the relevant measurement.
ii) A declaration that the 1st Defendant having been in possession for over fifty-four (54) years, the instant action is statute barred.
iii) Recovery of Possession (iv) Damages for trespass(v) Perpetual injunction restraining the Plaintiff whether by herself, her agents, assigns, privies and successors from ever laying ownership claim over any portion of 1st Defendant’s parcel of land nor ever coming unto same nor dealing with same.
FACTS The Plaintiff’s case is that, her late mother died interstate of this land in dispute which she acquired through purchase from the Asere Stool.
After the acquisition, the late mother of the Plaintiff caused a neighbor, one Mr. Quaynor to construct a house on the land for her but no fence wall was constructed around the house and the Plaintiff’s late mother rented same out to some tena