YAW BOADU PREMPEH VS CHRISTOPHER KOMLA DARKEY & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP WILLIAM APPIAH TWUMASI (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a land dispute between the Plaintiff and Defendants over a plot in Accra. The Plaintiff claimed ownership based on a purchase from Sabah Estates Development Ltd (SEDL) in 2006, but the court found his title was fraudulently procured. The Defendants traced their title to the original owners, the Lenshie family. After reviewing evidence and testimonies, including from SEDL's MD, the court dismissed Plaintiff's claims and awarded title to the 2nd Defendant. The judgment underscored principles of burden of proof in land title claims, the significance of counterclaims, and the impact of fraudulent procurements.
The Plaintiff took out the present Writ of summons against the Defendants claiming the following reliefs;
a. A declaration of title to all that piece or parcel of land situate, lying and being at North-West Teshie, Accra and known as Plot No. 3, Airport East Residential Area and bounded on the North by Plot No. 2 measuring 95 feet more or less, on the South by a road measuring 90 feet more or less, on the West by the Plaintiff’s land and a road measuring 90 feet more or less, on the East by Plot No. 5 measuring 85 feet more or less and comprising an approximate area of 0. 19 acres more or less and more particularly delineated on the site plan edged pink.
b. Recovery of possession of the land.
c. Damages for trespass.
d. An order for the demolition of the structures.
e. An order of perpetual injunction restraining the Defendants either by themselves, their agents, assigns, thugs, hirelings, workmen, servants or howsoever described from interfering with the possession, use and or development of the land, the subject maꢀer of this suit.
f. Costs, including solicitor’s fees.
g. Any further order(s) the Court may deem fit.
The Defendants particularly the 2nd Defendant denied the claim of the Plaintiff and per their amended Statement of Defence and Counterclaim, the 2nd Defendant on the other hand counterclaimed against the Plaintiff for the following: i) A declaration that the 2nd Defendant is the rightful owner of that piece or parcel of land being situate and being at North West Teshie, Accra and known as Plot No. 3, Airport East Residential Area bounded on the North by Plot No. 2 measuring 95 feet more or less, on the South by a road measuring 95feet more or less and on the West by a land and a road measuring 90 feet more or less on the East by Plot No. 5 measuring 95 feet more or less and comprising an approximate area of 0. 19 of an acre more or less and more particularly delineated in the site plan and thereon edged pink.
ii) Recovery of possession iii) An order of perpetual injunction restraining the Plaintiff, his agents, ’ servants, assigns or any person claiming through him from or in any way interfering with the 2nd Defendant’s title to and quiet enjoyment of the land.
iv) Costs.
v) Any other relief(s) the Court may deem fit.
It is noted that apart from a relief seeking an order for the demolition of the structure(s)on the land contained in the Plaintiff’s reliefs, the reliefs sought by the Plaintiff and those by the Defendants particularly by the