VICTOR DANKU & ORS vs MAVIS AFRAM (a.k.a AKOSUA ASANTEWAA)
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this case, the plaintiffs, administrators of Comfort Debrah's estate, sued the defendant, Mavis Afram, for trespassing on their land in Krokobite. The plaintiffs claimed title to the land, damages for trespass, and other reliefs. The defendant entered a conditional appearance but did not file a defense. The court dismissed her motion to dismiss. The plaintiffs presented evidence through Victor Danku, showcasing registered documents and testimonies. The court found in favor of the plaintiffs, holding they had title to the land, the defendant had trespassed, and awarded damages and a perpetual injunction.
The 1st, 2nd and 3rd plaintiffs, in their capacities as administrators of the estate of the deceased, Comfort Debrah, issued a writ against the defendant claiming the following reliefs; 1. Declaration of title to a plot of land with an approximate size of 0. 51 acres located at Krokobite; 2. General damages for trespass 3. An order for the payment of the current value of five trips of sand and nine hundred sandcrete blocks destroyed by the defendant in the course of her trespass on the subject matter property 4. Recovery of possession 5. Perpetual injunction restraining the defendant by herself, servants and agents from entering upon the plaintiff’s land 6. An order compelling defendant to remove any offensive structures on the land or in the alternative that plaintiff remove such structures and surcharge defendant with the cost of demolition and removal of debris from the land.
Upon being served with the writ of summons and statement of claim, the defendant, Mavis Afram a. k. a Akosua Asantewaa, entered conditional appearance to the suit through her lawyer, Prince Frederick Nii Ashie Neequaye.
Thereafter, her lawyer filed a motion on notice to dismiss the suit in response to which the plaintiff filed an affidavit in opposition.
The said motion was heard by the court and dismissed.
However, the defendant failed or refused to file a defence to the action or to file any further processes for that matter.
In the result, the plaintiffs obtained interlocutory judgment against the defendant and after duly serving her with a hearing notice, proceeded to adduce evidence in proof of their claim.
The 1st plaintiff, Victor Danku, testified on behalf of the other plaintiffs.
He stated that the 2nd plaintiff was his daughter while the 3rd plaintiff was an aunt and customary successor of his late wife, Comfort Debrah, who died intestate on 13th July 2009. The three plaintiffs were appointed administrators of the estate of the deceased as was demonstrated by the Letters of Administration which the 1st plaintiff tendered in evidence as Exhibit A. The first plaintiff further testified that sometime in 1997, he acquired a parcel of land from the chief of Krokobite and registered it at the Lands Commission.
Upon completion of registration, he went to see the chief and while there chanced upon a woman called Agnes Manu, who wanted to resell land she had acquired from the chief.
Upon indicating his desire to acquire this land for his wife, Agnes Manu, assigned her int