[2008]DLCA6945 • March 13, 2008 • Court of Appeal
SABINA ANDAM & ANOR. vs. DANIEL LIGHT AMOAH & ANOR.
The plaintiffs/respondents purchased a leasehold interest in a parcel of land with a building at Kwashieman, Accra, from the Ahiaku family in 1990, with the lease registered in the name of the 2nd plaintiff. The defendants/appellants, tenants of the building, claimed prior leasehold rights from 1985 over the same land and disputed the plaintiffs' title, alleging government acquisition of the land in 1975. The dispute arose after the 1st defendant attempted to reclaim the property, leading to the plaintiffs suing for recovery of possession, declaration of title, and injunction.
read moreMARFUL-SAU J.A. : This appeal is against the judgment of the Accra Circuit Court dated the 19th July 2005. The Plaintiffs/Respondents issued a writ of summons against the Defendants/Appellants for the following reliefs. i. Recovery of possession of the piece of parcel of land with building thereon situate at Kwashieman, Accra comprised in the lease dated 15th day of June 1990 between the Ahiaku family and the 2nd Plaintiff. ii. Declaration of title to the land described in (i) above. iii. Perpetual injunction against the 1st and 2nd Defendants. iv. Cost. The brief facts of the case are that the 1st and 2nd Defendants were tenants in a four-room building at Kwashieman, Accra. The Owners of the land and the four-room building decided to sell the property. The Defendants together with their father approached the 1st Plaintiff, who happened to be the wife of Defendants father and persuaded her to purchase the property. This was to prevent the ejection of the Defendants if a st...