TRASACCO ESTATES DEVELOPMENT COMPANY LTD. vs WOODFIELDS DEVELOPMENT CO. LTD & ANOTHER
November 10, 2020
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE K. A. GYIMAH, JUSTICE OF THE HIGH COURT
Areas of Law
- Property and Real Estate Law
November 10, 2020
HIGH COURT
GHANA
CORAM
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Plaintiff’s case By a writ of summons issued on 3rd July 2013, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land situate at Borteyman in the Tema District of the Greater Accra Region of the Republic of Ghana the boundary whereof commencing at a pillar marked SGGA 935/01/4 which same pillar serves as a point of departure and runs on a bearing of 080014’for a distance of 6, 872. 88’ feet more or less to a pillar marked SGGA 935/01/1 which forms part of the boundary of the aforementioned site and thence on a bearing of 261052’ for a distance of 7, 781. 71’ feet more or less to a pillar marked GCG EP11/38/AD5 and thence on a bearing of 001045’for a distance of 432. 38’ feet more or less to a pillar marked GCG EP11/38/AD4 and thence on a bearing of 002035’ for a distance of 723. 08’feet more or less to a pillar marked GCG EP11/38/AD3 and thence on a bearing of 089058’ for a distance of 906. 44’ feet more or less to a pillar marked GCG EP11/38/FIS3 and thence on a bearing of 090000’ for a distance of 906. 45’ feet more or less to a pillar marked GCG EP11/38/SACL/1A and thence on a bearing of 180000’ for a distance of 554. 52’ feet more or less to a pillar marked GCG EP11/38/FIS/2 and thence on a bearing of 180000’ for a distance of 592. 89’ feet more or less to a pillar marked GCG EP11/38/FIS2A and thence on a bearing of 269030’ for a distance of 742. 62 feet more or less to a pillar marked GCG EP11/38/2D and thence on a bearing of 269057’ for a distance of 1, 116. 13’ feet more or less to a pillar marked SGGA 935/1/1 which marks the point of commencement and thus containing an area of 48. 632 acres or 19. 681 hectares.
Recovery of Possession.
Damages for trespass.
Perpetual injunction v. Costs including lawyers’ fees.
The plaintiff asserts that the land in dispute formed part of lands that were compulsorily acquired by the Government of the Gold Coast in the year 1940 from the Nungua Stool.
Upon representations made to the Government by the Nungua Stool, the Government of Ghana, by a Lease dated 12th August 2010, granted a 99 year lease covering 976. 44 acres of the land to the Nungua Stool.
The Nungua Stool then granted a Sub-Lease of 100. 52 acres of the land to one Dennis Kwabena Santiago trading under the name and style of First Impact Solutions on 25th August 2010. It is the plaintiff’s case that the said Dennis Kwabena Santiago, by a Deed of Assignment executed on 24th Oct
AI Generated Summary
Trasacco Estates Development Company Limited sued the 1st defendant company, Woodfields Development Company Ltd., over a 48.632-acre parcel at Borteyman, seeking declaration of title, recovery of possession, damages for trespass, and a perpetual injunction. The court found the land formed part of State land compulsorily acquired in 1940; in 2010 the Government, acting through the Lands Commission, granted a 99-year lease to the Nungua Stool, which then sub-leased 95 years (including the disputed parcel) to First Impact Solutions. In October 2012, First Impact Solutions assigned its unexpired term to Trasacco with Lands Commission consent. Although the Nungua Stool later assigned its head lease to Woodfields in April 2012 pursuant to a consent judgment, that assignment was reversionary and did not confer immediate possession while the sub-lease subsisted. The 1st defendant’s purported 2003 grant was invalid, rendering its and its grantees’ presence trespass. Fraud allegations failed; consent was owed to the Government and could be obtained post-execution. Judgment was entered for Trasacco with declaration, possession, injunction, damages, and costs.