[2014]DLCA3599 • October 21, 2014 • Court of Appeal
ADIZA MOHAMADU vs. ALI ADAMU AND HARUNA AMIDU
The plaintiff, widow of the deceased Hamid Abdul Dababi, claimed title and perpetual injunction over a disputed land originally acquired by her late husband. The 1st defendant, a relative of the deceased, and the 2nd defendant, who purchased the land from the 1st defendant, contested the claim. The plaintiff alleged unlawful demolition of a building on the land by the 2nd defendant. The defendants claimed the land was distributed according to Muslim inheritance law by the Wangara chief, with the plaintiff's consent, and that the 2nd defendant was a bona fide purchaser without notice of any defect.
read moreCECILIA SOWAH This an appeal against the judgment of the Circuit Court, Koforidua, dated 26th August 2013 by which the learned trial judge entered judgment for the plaintiff in respect of her claims for declaration of title to land and perpetual injunction restraining the defendant and his agents from entering the land in dispute. The trial judge also awarded cost in the sum of GH₵2,000 in plaintiffs favour against the 2nd defendant. A brief back ground to the events culminating in the appeal filed by the 2nd defendant is as follows: The plaintiff initially issued her writ of summons against the 1st Defendant on 27th September 2005 for declaration of title and perpetual injunction. The 2nd defendant became a party when he applied and was joined to the suit on the ground that he had bought the land in dispute from the 1st defendant. By an amended writ of summons filed on 15th October 2012, the plaintiff/respondent (hereinafter called the plaintiff) claimed against the 1st defenda.....