[2004]DLHC996 • March 3, 2004 • High Court
APPOLO CINEMAS ESTATES (GH) LTD vs. CHIEF REGISTRAR OF LANDS AND OTHERS
The plaintiff, Appolo Cinemas Estates (Gh) Ltd, claimed legal and beneficial ownership of a disputed land with a building thereon. The second defendant, Habiba Captan, allegedly obtained a fraudulent land title certificate over the same land and sold it to the third defendant, Yaw Boakye, who demolished the building without legal title. The plaintiff sought recovery of possession, damages, injunctions, and declaration of title. The defendants denied the plaintiff's ownership and counterclaimed for title and injunctions.
read moreJUDGEMENT Appau J. In 1999, precisely on 14 December 1999, the plaintiff, Appolo Cinemas and Estates (Gh) Ltd, in a suit No 600/99 sued the defendant (Yaw Boakye) hereinafter referred to as the third defendant, in this consolidated suit claiming five reliefs, namely: (a) recovery of possession of the disputed land as described on the writ of summons; (b) special damages for wrongful and illegal destruction of house No F 572/1; (c) an order of perpetual injunction restraining the defendant, etc from entering the said land and carrying on any work or building operations thereon; (d) declaration of title to the said plot of land and the demolished building thereon; and (e) general damages for trespass and destruction of the said land and building thereon. The statement of claim accompanying this writ is very brief. It contains only six paragraphs and the sum total of the plaintiff’s case as pleaded is that it is the legal and beneficial owner of a piece of land with a building the.....