[2014]DLCA2797 • June 19, 2014 • Court of Appeal
GHALIB KWAME SANGARI vs. OCTAVIA OKU, STATE HOUSING COMPANY LTD. AND THE CHIEF REGISTRAR OF LANDS,
The plaintiff claimed ownership of Plot No. D.373 at Dansoman Estate, Accra, by virtue of a 2001 Deed of Lease from the State Housing Company (2nd defendant) and an earlier 1996 Deed of Lease tracing back to the Government's compulsory acquisition of the land in 1968. He alleged prior possession granted by the Amissah Family, allodial title holders before government acquisition, and that he constructed buildings on the land from 1976 to 1978. The plaintiff sought declaration of title, cancellation of the 1st defendant's Land Title Certificate, and damages. The 1st defendant counterclaimed ownership based on an earlier lease granted in 1974 by the State Housing Company and registration of title, asserting prior occupation and construction on the land. The 2nd and 3rd defendants denied the plaintiff's claims, with the 2nd defendant not defending the suit. The High Court dismissed the plaintiff's claim and decreed title in favor of the 1st defendant, issuing perpetual injunction and damages against the plaintiff.
read moreKUSI-APPIAH, J.A.: This is an appeal against the judgment of the High Court (Fast Track Division), Accra, dated 31st March, 2011 per S.K.A. Asiedu J., by which the learned Judge dismissed the plaintiff’s action and decreed title in the disputed land in 1st defendant/respondent’s favour against the plaintiff on her counterclaim. The trial judge then made an order of perpetual injunction against the plaintiff, his agents, servants, privies, assigns and all others claiming through him from interfering with or remaining on the disputed land. He also directed the plaintiff to remove whatever structure he had placed on the subject property. The trial judge then awarded damages in the sum of GH¢1,200.00 in 1st defendant’s favour against the plaintiff. Finally, he awarded costs of GH¢800.00 against the plaintiff in favour of Dan Oku, previously the 5th defendant. A brief summary of the events culminating in this appeal will certainly help us appreciate matters. By an amended...