[2020]DLHC16514 • February 24, 2020 • High Court
MRS. HENRIETTA M. ADUSEI-HERBSTEIN vs. SAMUEL NORKWEI BOTCHWAY
The plaintiff claimed title and possession over a 0.51-acre land at Dzorwulu, Greater Accra, alleging a 60-year lease granted in 1987 by Gershon Adom Botchway (defendant's late father) with payments made for premium, goodwill, and ground rent. The defendant counterclaimed title over a 0.21-acre portion, asserting lawful possession and a registered freehold title granted by his late father in 1997. The dispute arose after the plaintiff allegedly breached rent covenants and the defendant entered and developed part of the land.
read moreJUDGMENT Plaintiff’s Case By an amended writ of summons issued on 21st May 2014, the plaintiff claimed the following reliefs against the defendant: i. A declaration of title to all that piece or parcel of land situate, lying and being at Dzorwulu in the Greater Accra Region of the Republic of Ghana and bounded on the North-West by stool land measuring 140 feet more or less, on the South-East by proposed road measuring 140 feet more or less, on the North-East by stool land measuring 150 feet more or less and on the South-West by a proposed road measuring 150 feet more or less and covering an approximate area of 0.51 acre. ii. Recovery of possession of the said land. iii. General damages for trespass. iv. Perpetual injunction restraining the defendant, his servants, agents, assigns and licensees howsoever described from in anyway interfering with the plaintiff’s peaceful and quiet possession of her land the subject matter of this dispute. v. Costs. vi. An order for the ...