Try asking the following...
Try asking the following...
July 31, 2023
DISTRICT COURT
GHANA
CORAM
JUDGMENT
1. This is judgment relates to land.
2. The plaintiff instituted this action per his lawful attorney Ibrahim Alhassan. Plaintiff
is a Ghanaian but resident in the United Kingdom. The defendant is ordinarily
resident in Tamale.
3. On 5th January, 2023 plaintiff took out this action against the defendant for the
following:
“a. Declaration that plaintiff is the owner of all that piece or parcel of land
known as plot no. 139 situate and being at West Gurugu Block A bounded
by plot nos. 140, 141 and 133 and particularly described in paragraph 3 of a
lease dated 11th June, 2020 executed in plaintiff’s favour.
b. An order of mandatory injunction on the defendant to pull down the
structure he has erected on portions of plaintiff’s aforesaid plot.
c. An order of perpetual injunction restraining the defendant, his agents,
servants, assigns or persons claiming through them from interfering in
whatever manner with the plaintiff’s possession, ownership and use of his
plot as described herein above.
d. Recovery of possession.
e. Damages against the defendant for trespassing onto the land.
f. Costs.”
4. The defendant filed a Defence on 8
th February, 2023 refuting the plaintiff’s claim.
5. Parties filed survey instructions to which this court ordered for a survey report to be
filed.
6. The case of either party is detailed below.
PLAINTIFF’S CASE
7. According to plaintiff’s lawful attorney, he was responsible for all the processes
leading to purchase of plaintiff’s land. He averred that the plaintiff acquired the
disputed plot in 2008 at which time the scheme area was known as Katariga Yapala
and was issued plot no. 197. He added that the defendant herein was the caretaker of
the plaintiff’s plot. He explained that it was the defendant who informed the plaintiff
about the availability of the said plot. Plaintiff’s lawful attorney averred that the
scheme area was later changed to Katariga Residential Area and the plot was renumbered as plot no. 134. Again, the area was rezoned as West Gurugu Residential
and the same plot re-numbered as plot no. 139. He indicated that for all the changes,
an allocation paper was issued to the plaintiff. He added that with this new allocation,
the plaintiff then applied and was issued a building permit by the Sagnarigu
Municipal Assembly. He contended that the defendant has encroached onto the
plaintiff’s land and that despite the involvement of the Tindan Paga and the Gulkpe
Naa Palace,
AI Generated Summary
At Ghana’s Magistrate Court, His Worship D. Annan adjudicated a land title dispute over plot no. 139 at West Gurugu Block A, Sagnarigu. The Ghanaian plaintiff, resident in the United Kingdom, sued through his attorney, Ibrahim Alhassan, seeking declarations, injunctions, possession, damages and costs. He relied on later allocations and a 2020 lease for plot 139 and a 2021 building permit, but his initial allocation for plot 197 was rejected as altered. The defendant, a Tamale resident and former caretaker of the plaintiff’s plot, asserted prior acquisition from Zogbi‑Na Imoro Neindoo in 1999 and occupation with stores on plots 139 and 140. A court-appointed surveyor reported a compromised local plan, mapped structures, and confirmed both parties claimed plot 139. The court held the plaintiff failed to prove title and identity of the land and declined to decide alleged encroachment, cautioning the defendant to stay within plots 139/140; costs of GHS 5,000 were awarded.