MAJOR JOHN AGBEKO-SEDZIAFA vs. K. T. DADZIE AND FRANK DZORMENYA

RULING Introduction By a writ of summons issued on 31st August 2020, the plaintiff claimed certain reliefs against the defendants including declaration of title, injunction and damages for trespass amongst others. The defendants entered conditional appearance to the writ and followed it up with the present application Summary of defendants’ application It is the defendants’ case that the plaintiff lacks capacity to institute the present action as he has no interest in the land in dispute. The defendants assert that the plaintiff divested his interest in the land in dispute in 2007 to one Joseph Assirado and the said transfer was confirmed by a statutory declaration dated 22nd March 2007 (exhibit KTD 1). As part of the transfer, the plaintiff surrendered his original land title certificate (exhibit KTD 2) to the said Joseph Assirado for the purpose of effecting the transfer at the Lands Commission. The defendants assert that Mr. Joseph Assirado went ahead to register hi...