[2018]DLHC16522December 17, 2018High Court

DR. EDWARD O. ASANTE AND DR. OSEI TUTU SAFO vs. KWAKU PREKO

The plaintiffs, Dr. Edward O. Asante and Dr. Osei Tutu Safo, claim ownership of a parcel of land at Oshiyie, Greater Accra, which they allege was purchased in 1994 from the Bosomprah family of Oshiyie. They assert they were put in possession and began registration of the land. The defendant, Kwaku Preko, claims to have acquired the same land in 2006 from the Moree family of Oshiyie, the accredited owners, and has taken possession, including erecting structures and employing guards. The dispute centers on rightful ownership and possession of the specific parcel of land.

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JUDGMENT Introduction This action is in respect of a parcel of land situate at Oshiyie and the action brings to the fore the issues surrounding the ownership of land at Oshiyie. Although the parties in attempting to prove their case had to lead evidence with respect to their respective grantors’ title over the land in dispute and invariably over who has the right to alienate lands at Oshiyie, it is my considered opinion that the issue of who has the right to alienate land at Oshiyie should be properly dealt with in an action duly contested between the respective claimants to ownership of land at Oshiyie. I will limit this judgment to the specific parcel of land before me and I must state at the outset that any determination made before me in this judgment does not extend to all the lands at Oshiyie but to the specific parcel of land which is the subject matter of this suit. Plaintiffs’ case The 1st plaintiff refers to himself as a retired lecturer at Ghana Institu...