[2023]DLHC16353 • July 21, 2023 • High Court
FRANCIS OSEI BONSU AND MRS. DORIS OSEI BONSU vs. THE BOARD OF TRUSTEES, CALVARY METHODIST CHURCH & 5 ORS
The plaintiffs, a husband and wife, claimed ownership of 1.53 acres of land at East Legon Adjiringano - New Nungua, acquired from the Nungua Stool in 1999. They constructed a dwelling and caretaker's structure, fenced the land, and lodged documents with the Lands Commission. In 2012, defendants, claiming ownership through the Ashong Mlitse family of Teshie, trespassed, demolished the plaintiffs' fence, and held church activities on the land. The 1st plaintiff was allegedly assaulted by defendants' agents in 2013, sustaining injuries and incurring medical expenses. Plaintiffs sought declaration of title, injunctions, recovery of possession, damages for trespass and assault, and costs.
read moreJUDGMENT Plaintiffs’ case The plaintiffs are husband and wife and they claim to be the owners of the land in dispute which they acquired from the Nungua Stool, the allodial owners of the land in dispute, acting through the Gborbu Wulomo and Nii Bortrabi Obroni II in the year 1999. They assert that the total size of the land they acquired was 1.53 acres and after the acquisition, they constructed their dwelling house on a portion of the land where they live anytime they are in Ghana as they are ordinarily resident in the United States of America. They further assert that they cleared the remaining portion of the land, put up a structure on it for the occupation of their caretaker and constructed a fence wall around the land. They then lodged their documents with the Lands Commission for registration. The plaintiffs assert that sometime in December 2012, they noticed the activities of some strangers on the land and upon enquiries made by the 1st plaintiff, the 1st defendant cl.....