[2023]DLCA15132 • February 16, 2023 • Court of Appeal
EBENEZER AMARTEY vs. DANIEL PINTO AND JOYCE ARTHUR
The plaintiff, Ebenezer Amartey, a businessman from Ashiaman, claimed ownership of a parcel of land acquired in 2006 from the Ashiaman Divisional Council (ADC) for store construction. He asserted possession and was in the process of regularizing the grant with the Tema Development Corporation (TDC) after confirmation from the Tema Traditional Council (TTC). The defendants, administrators of the estate of their late father Okoe Pinto, claimed the land formed part of their father's estate, with continuous possession and payment of ground rent to TDC since 1960. The defendants alleged the plaintiff trespassed on their land, leading to the dispute.
read moreThe plaintiff issued a writ for the following claims;- 1. Declaration of title to all that piece of land described in paragraph 4 of the statement of claim. 2. Recovery of possession 3. Perpetual injunction restraining the defendants, their agents, assigns, privies and workmen from interfering with the plaintiff’s peaceful enjoyment of his property. Plaintiff, a businessman resident in Ashiaman, avered in his statement of claim that he acquired a plot of land in the year 2006 from the Ashiaman Divisional Council (ADC) for the construction of stores. Plaintiff averred he shares boundary with the defendants. That he is in the process of regularising his grant with the Tema Development Corporation (TDC) after the Tema Traditional Council (TTC) issued him with a confirmation of the allocation of the said parcel of land to him. Plaintiff averred further that the land in issue forms part of lands allocated to the Tema Traditional Council by the Tema Development Corporation (TDC). H.....