[2020]DLCA8594 • January 29, 2020 • Court of Appeal
MRS. MARGARET Y.N. ACHIAMPONG vs. STATE HOUSING CO. LTD. AND MR. KUDOM NII AFFOTEY AHINAH II AND CLEMENT BORTEY
The appellant, Mrs. Margaret Y.N. Achiampong, claimed title and possession over a parcel of land known as No.4 School Street, Teshie/Nungua Estate, originally granted to her by the State Housing Corporation (now State Housing Co. Ltd.) in 1986 for the purpose of establishing a school. She alleged that despite fulfilling conditions and taking possession, the 1st Respondent failed to provide necessary infrastructure and later re-entered and reallocated the land to others, including the 2nd Respondent. The appellant contended that the re-entry was unlawful and sought declarations, recovery of possession, cancellation of documents issued to others, injunctions, damages, and costs.
read moreTANKO AMADU J.A (1) By an amended writ issued from the High Court Accra, the Plaintiff/Appellant (hereinafter referred to as the “Appellant”) claimed from the Defendants among whom only the 1st and 2nd contested the appeal (hereinafter referred to as “1st and 2nd Respondents”) the following reliefs:- (a) Declaration of title in No.4 School Street, Teshie/Nungua Estate originally covering 3.06 acres by the indenture of the 1st Defendant but found out to cover 3.11 acres by surveyors of Land Title Registry. (b) An order for Recovery of possession of all that piece of land identified as No.4 School Street by the document given to the Plaintiff by the 1st Defendant. (c) An order to cancel the documents of Defendant or setting aside same. (d) An order for perpetual injunction restraining the Defendants, their agents, assigns and all those who claim through them from by any way or means interfering with the Plaintiffs quiet enjoyment of the said land and development...