MIGUEL FRANCIS AYEH vs. ANNAN ARYEE & 2 ORS

The plaintiff, Miguel Francis Ayeh, claimed title and possession over a parcel of land in Ashongman, Greater Accra, asserting he acquired it in 1996 from Emmanuel Otti Aryee, who inherited it from his father, the late Akwetey Aryee. The 1st defendant, Annan Aryee, as administrator of the estate, had distributed land among beneficiaries including Emmanuel Otti Aryee. The plaintiff alleged the 2nd defendant acquired the same land fraudulently from the 1st defendant, who had no title to sell it. The plaintiff had been in possession since 1996 until disturbed by the 2nd defendant in 2016. The 2nd defendant denied fraud, claimed lawful purchase from the 1st defendant, and counterclaimed for damages and title declaration. The 1st defendant admitted the land belonged to Emmanuel Otti Aryee and could not have been sold to the 2nd defendant.

JUDGMENT Plaintiff’s case By an amended writ of summons issued on 9th March 2017 together with an amended statement of claim filed on 11th May 2018, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to the plaintiff. ii. Recovery of possession from the 2nd defendant. iii. A declaration that the sale between the 1st and 2nd defendants was fraudulent. iv. An order directed at the 3rd defendant to cancel the land certificate issued to the 2nd defendant. v. An injunction restraining the 2nd defendant whether by himself, his agents, servants, assigns and workmen from interfering with the plaintiff’s property. vi. Any other relief deemed fit by this honourable court. vii. Legal costs. It is the plaintiff’s case that he acquired the land in dispute from one Emmanuel Otti Aryee who inherited a large tract of land including the land in dispute from his father, the late Akwetey Aryee. The plaintiff asserts that the said Akwetey Ar...