[2019]DLHC8810June 6, 2019High Court

ANTHONY ATTA POKU vs. KOJO DORBOR, GEORGE ADU AND NANA OSAE ADDO-DANKWA

The plaintiff, Anthony Atta Poku, claimed title and possession of Plot No. 626, East Legon, Accra, alleging lawful acquisition via a lease from the Government of Ghana in 1988 and subsequent possession and building activities. The defendants, particularly the 3rd defendant, Nana Osae Addo-Dankwa, claimed title through inheritance from his late mother who had acquired the land from a private individual prior to state acquisition. The 3rd defendant asserted continuous possession and occupation, including placing a caretaker on the land. The plaintiff alleged trespass and sought recovery of possession and damages.

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Plaintiffs’ Case By an amended writ of summons issued on 18th July 2016, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to plot No. 626, East Legon Residential Area, Accra in favour of the plaintiff herein. ii. Damages for trespass against each of the defendants. iii. Recovery of possession of plot No. 626 aforesaid from the defendants to the plaintiff. iv. Demolition of all structures on the land by the defendants at the cost of the defendants. v. Perpetual injunction against the defendants, their agents and servants as well as their assigns and successors. vi. Any other relief deemed fit by this honourable court. It is the plaintiff’s case that in the year 1988, after an application he had made to the Lands Commission for a parcel of land was approved, the Government of Ghana through the Lands Commission granted a lease covering an approximate area of 0.47 of an acre over the land in dispute in his favour. He took possess...