[2022]DLSC11689 • July 27, 2022 • Supreme Court •
FELIX PENEPAH vs. AYINDENABA AZOR, AYUOBI AZOR AND AKALBILLA AZOR
In 1997, Azor Akaliga (defendants' predecessor) sued Felix Penepah (plaintiff) over ownership of Plot No. 35A Dagmew Residential Area, Bolgatanga. The High Court declared Azor Akaliga owner of Plot 35A but allowed Penepah to remain on the portion where he had built a house. Penepah had also acquired Plot 35C by lease in 1991 and built a residence there. After Azor Akaliga's death in 2011, Penepah filed suit in 2016 against Azor's personal representatives claiming Plot 35C as distinct from 35A and sought declarations and injunctions against trespass. The defendants counterclaimed for recovery of possession of Plot 35A, alleging Penepah trespassed and built on it despite protests.
read moreDORDZIE (MRS.) JSC:- BACKGROUND In1997, the father of the defendants in this case, Azor Akaliga sued the plaintiff herein Felix Penepah in the High Court Tamale, claiming declaration of title to a piece of land described as Plot Number 35A Dagmew Residential Area Bolgatanga. An order for perpetual injunction, restraining the defendant Felix Penepah, his agents assigns successors or servants from interfering with plaintiff’s possession and use of plot number 35A; and General damages for trespass. The High Court in its judgment dated 10 February 1998 gave judgment in favour of the plaintiff, declared him the owner of plot number 35A Dagmew Residential Area Bolgatanga. The court declared the defendant a trespasser and granted the restraining order but limited it to the unoccupied portion of plot 35A. It was the court’s view that the defendant had already built on a portion of the land and was living there with his family. It would be unfair and unequitable to restrict him in respec...