KWABENA BOATENG vs. MAJORIE QUIST ABDIN & 2 ORS

The plaintiff, Kwabena Boateng, claimed title to a parcel of land at Mile 5 Dodowa Road, Plot No. 123, Airport Residential Area, Accra, asserting he is the customary successor and beneficiary of his late father, George Akuamoa Boateng, who acquired the land by 99-year lease in 1967. The plaintiff alleged the 1st defendant forcibly entered and demolished his late father's building on the land in 2018. The 1st defendant denied ownership of the disputed land, claiming possession of Plot No. 123 (house No. 7) through her late father, Michael Daniel Quist, who was leased Plot No. 122 but physically possessed Plot No. 123 due to errors in land allocation. The 2nd defendant claimed ownership of Plot No. 124 (house No. 9) via a 1987 deed of assignment from George Akuamoa Boateng, which the plaintiff alleged was fraudulently procured. The 3rd defendant, the Lands Commission, acknowledged errors in plot numbering and was in the process of correcting these errors.

JUDGMENT Plaintiff’s case By an amended writ of summons issued on 13th July 2020, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land described in the schedule contained in the statement of claim. ii. General damages for trespass against the 1st Defendant. iii. A declaration that 2nd Defendant’s Deed of Assignment dated the 10th day of January 1987 purported to have been executed by the late George Akuamoa Boateng was fraudulently procured. iv. An order directed at the 3rd Defendant to expunge from its records the plotting numbered AR 3343/88 in respect of 2nd Defendant’s Deed of Assignment. v. An order of perpetual inunction, restraining the Defendants from interfering with Plaintiff’s quiet enjoyment of the land in dispute. The land was described in the schedule in the statement of claim in the following terms: “All that piece or parcel of land situate, lying and being at Mile 5 Dod...