[2017]DLHC16569June 2, 2017High Court

RUFUS DORGBEFU AND WILHERMINA DORGBEFU , STATE HOUSING COMPANY LTD vs. RAINBOW SCHOOL INTELLECTUAL GHANA

The plaintiffs, a couple residing in the UK, sought to acquire land at Adenta/Frafraha. They were introduced to the chief of Frafraha, who indicated the land belonged to State Housing Company Limited (SHC). The plaintiffs obtained a lease from SHC in 2011 and began construction. The defendant, Rainbow School Intellectual Ghana, claimed ownership via a lease from the chief of Frafraha and held a Land Certificate. The plaintiffs challenged the defendant's title, alleging the chief had no rights over the land, and that the defendant's certificate was obtained by fraud and mistake.

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JUDGMENT Plaintiffs’ case The plaintiffs are a couple who are ordinarily resident in Nottingham, United Kingdom and they instituted this action per their lawful attorney Caphel Dorgbefu. It is the plaintiff’s case that sometime in the year 2007 they had the desire of owning a land at Adenta/Frafraha. They were shown the land in dispute and they were introduced to the chief of Frafraha Nii Kommey Mensah Larsey as the owner of the land. They went to the chief who informed them that the land in question belonged to the State Housing Company Limited and that the State Housing Company Limited will be the best entity to grant the land to the plaintiffs. The plaintiffs aver that they then went to the State Housing Company Limited and it was confirmed that the land in dispute was part of lands measuring 2.068.99 acres that were compulsorily acquired by the government on 27th May 1992 through EI 15 of 1992 captioned State Lands (Accra-Adentan Site for Ghana Housing Corporation)...