[2023]DLHC16940 • May 2, 2023 • High Court
ABDUL RAHUF vs. MICHAEL AMPONSAH
The Respondent instituted a suit claiming title, possession, damages, injunction, and demolition orders over a parcel of land at New Weija, Accra, alleging acquisition from a private grantor. The Applicant counterclaimed for similar reliefs. The dispute arose after the Applicant laid claim to the land, leading to police involvement. The Applicant filed an application to strike out the suit for lack of capacity, asserting the land was government-owned public land, thus the Respondent lacked capacity to sue.
read moreRULING This is an application filed by the Defendant/Applicant (hereafter referred to as the “Applicant”) to strike out the Writ of Summons of the Plaintiff/Respondent (hereafter referred to as the “Respondent”) for want of capacity. The material facts undergirding the application are as follows: The Respondent instituted the instant action against the Applicant on 28th January 2020. Subsequently, the writ of summons was amended on 17th March 2021 with the Respondent seeking a declaration of title to a piece or parcel of land situate, lying and being at New Weija, Accra containing an approximate area of 0.16 acre (or 0.07 ha); Recovery of possession; Damages for trespass; Perpetual injunction; An order for the demolition of the Defendant’s structures on the Plaintiff’s land and Costs. According to the Respondent, he acquired the said land from one James Kumah of Nii Boi Town, Accra on 11th September 2013. His grantor had earlier acquired the said land from Nii Boafo ...