[2017]DLHC16699 • February 21, 2017 • High Court
AKWASI FRIMPONG & 2 ORS vs DR. SAMUEL OHENE AND AKWASI FRIMPONG & 2 ORS vs DR. SAMUEL OHENE
The plaintiffs, Akwasi Frimpong, Cynthia Duah, and Patricia Kuntor, claimed ownership and possession of plots of land at Otinshie, alleging wrongful demolition of their structures by the defendant, Dr. Samuel Ohene, who asserted lawful title and counterclaimed for declaration of ownership and damages for trespass. The dispute arose from conflicting claims of title, demolition orders, and possession rights, with the defendant relying on a prior court judgment and land certificate, while plaintiffs claimed grants from various families and alleged fraud and irregularities in the defendant's title acquisition.
read moreJUDGMENT On 16TH August 2010, the plaintiffs, Akwasi Frimpong, Cynthia Duah and Patricia Kuntor, caused a writ of summons to be issued out of the registry of the High Court in suit No. BMISC 849/10, against the defendant, Dr Samuel Ohene, for the following reliefs; 1. An order to set aside the Order for demolition or possession on grounds of fraud, breach of natural justice and irregularity; 2. General damages; and 3. Cost of the building of the 3RD plaintiff that was demolished by defendant The defendant filed a statement of defence and counterclaim in which he also sought for the following reliefs; 1. Declaration of title to land at Otinshie covered by Certificate No. GA 22852; 2. Damages for trespass to land; 3. Payment by plaintiff for cost of demolition of the unauthorized structures; and 4. Cost. While this suit was pending, the defendant, pursuant to a renewal of the writ of possession, the execution of which had given rise to this dispute, caused a further demol...