THEOPHILUS KWABENA COOPER KORLI v. THE TRUSTEES OF THE CHURCH OF PENTECOST & 2 ORS
January 27, 2026
HIGH COURT OF JUSTICE
GHANA
CORAM
- HIS LORDSHIP JUSTICE ALEXANDER GRAHAM
Areas of Law
- Property and Real Estate Law
January 27, 2026
HIGH COURT OF JUSTICE
GHANA
CORAM
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The Plaintiff claims against the Defendants jointly and severally as follows:
a. A declaration of title in favour of the Plaintiff to ALL THAT PIECE OR PARCEL OF LAND situate, lying and being at AMANFROM in the GA NORTH District of the Greater Accra Region of the Republic of Ghana and containing an approximate area of 0.48 Acre or 0.19 Hectare bounded on the North-West by Lessors land measuring 104.9' feet more or less on the South-West measuring 202.1' feet more or less on the North-East measuring 200.7' feet more or less and which said plot is more particularly delineated on plan attached hereto and thereon shewn edged Pink which shows the relevant measurement.
b. Recovery of Possession of the disputed land.
c. Perpetual injunction restricting the Defendant, his agents and assigns and workmen from further encroaching the disputed Land
d. Damages for trespass to the disputed land.
e. Cost, including legal fees.
f. Any other or further order(s) that this Honourable Court may deem fit. The Plaintiff instituted this action on 04-03-2024 claiming to be the lawful owner of approximately 0.48 acres (0.19 hectares) of land, purchased from the Yarnie Family and duly registered at the Lands Commission.
The Defendants, despite being duly served with the writ of summons and statement of claim on 05-03-2024 and 04-03-2024, entered appearance on 11-03-2024 through their counsel KAG LAW CONSULT.
Another Counsel Kwadwo Osei Odame of ECAM LAW CONSULT filed appearance for the same defendants on 12-03-2024.
Kwadwo Osei Odame filed a statement of defence for the defendants on 12-03-2024.
KAG LAW CONSULT withdrew their appearance for Defendants on 22-03-2024 which the court struck out on 24-04-2024.
On 12-02-2025, counsel for Plaintiff filed application for directions and directions was taken on 17-03-2025 and parties were ordered to file their pretrial checklist, witness statements and disclosures with a hearing notice for case management conference.
Case Management conference was held on 26-11-2025 and Defendants were served with a hearing notice and court notes on 10-12-2025.
Suit was adjourned to 19-01-2025 for definite hearing after Defendants failed to file their pretrial checklist, witness statements and disclosures.
On 20-01-2026, Plaintiff testified and at the formal proof, the Plaintiff testified on oath and his witness statement was adopted as his evidence-in-chief. He tendered and relied
AI Generated Summary
In the High Court, His Lordship Justice Alexander Graham adjudicated a land title and trespass dispute concerning a 0.48-acre plot at Amanfrom in the Ga North District. The Plaintiff acquired the land by a 99-year lease from the Yarnie Family, registered his interest with the Lands Commission, and obtained a land title certificate. Although served, the Defendants failed to file pretrial materials or adduce evidence. At formal proof, the Plaintiffs witness statement was adopted, and he tendered a site plan, the lease, the land title certificate, and photographs showing Defendants encroachment. Applying the Evidence Act and land-title principles, the court found that Plaintiff proved root of title, acquisition, and possession on the preponderance of probabilities. The Defendants unchallenged failure to defend was treated as an admission. The court declared title for Plaintiff, ordered recovery of possession and a perpetual injunction, and awarded GH a210,000 in damages for trespass and GH a210,000 in costs.