URSULA OWUSU vs RICHARD ATCHOE
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Contract Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of title, recovery of possession, an injunction, and damages for trespass related to a parcel of land purchased from Buildaf Company Ltd. After correcting her site plan, she built a wall around the land. The defendant claimed to have bought the same land from another grantor. Evidence showed both traced ownership to the Ashong Mlitse family, but the plaintiff's claims were corroborated by corrected deeds and registration. The court ruled in favor of the plaintiff, dismissing the defendant's counterclaim, and awarded damages and costs to the plaintiff.
The plaintiff per her writ of summons dated 29th April 2010 claims against the defendant the following reliefs: 1. “Declaration of title and recovery of possession of all that piece or parcel of land covering an approximate area of 0. 469 acre or 0. 190 hectare bounded on the North East by Assignor’s land measuring 50 feet more or less on the South East by assignor’s land measuring 285. 0 feet more or less on the South West by a proposed road measuring 145. 3 feet more or less and on the and on the North West by assignor’s land measuring 199. 2 feet more or less, more particularly delineated on the plan attached to the deed.
2. Perpetual injunction against the defendant, his agents, workmen, privies, assigns and whosoever from entering the said land and dealing with it in any form.
3. Damages for trespass 4. Cost”In a statement of claim filed on plaintiff’s behalf she avers that she acquired a parcel of land situate at Otano, East Legon Extension from Messer Buildaf Company Ltd. She went into possession by erecting a wooden structure on the land for the occupation of her caretaker.
She was challenged in an earlier suit but a composite plan revealed that the challenger’s land fell outside the disputed area.
It also revealed an error in her site plan which her grantor corrected and executed a new deed of assignment in accordance with her corrected plan.
In December 2009 the defendant broke part of the wall built around her land, placed a container on the land and started working on the land despite a notice boldly posted on the erected wall that the land was not for sale.
The defendant defied all notices and warnings and started building on the land, hence this action.
Per the defendant’s Amended Statement of Defence and Counterclaim he denies all averments contained in the statement of claim save those expressly admitted.
He avers he purchased the disputed land from one Joseph Ahulu and subsequently purchased a piece of land abutting the land he acquired from Joseph Ahulu containing an approximate area of 0. 36 from the Ashong Mlitse family.
He proceeded to erect a security post, and designated one Jomo who lived on the adjacent land as his caretaker.
This caretaker, with the permission of the defendant, allowed two persons to place kiosks on the land.
Defendant counterclaimed as follows: A. “A declaration of title to all that piece of land averred to in paragraph 11 and 12 B. An order to set aside the interlocutory injunction granted by this c