[2025]DLHC18053May 14, 2025High Court

FELIX SETH QUARTEY vs. MATTY ROSELYN ARTHUR & MR LESLIE ADDO

The Plaintiff, Felix Seth Quartey, claimed ownership of 4.76 acres of land at Kisseman granted to him by the Nii Owoo family in 1988, evidenced by an indenture. He alleged the Defendants unlawfully entered and attempted to develop part of the land, specifically 0.10 acres, which the Defendants claimed to have purchased from the same family in 2000. The Plaintiff sought declaration of title, recovery of possession, injunction, and damages for trespass. The Defendants denied the Plaintiff's ownership, claimed possession since 2000, and counterclaimed for title to the 0.10 acres and injunction against the Plaintiff.

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JUDGMENT I. PLAINTIFF’S CASE 1. The Plaintiff instituted the action against the Defendants by a Writ and Statement of Claim filed on 22nd October 2018. 2. It is the case of the Plaintiff as stated in his Statement of Claim that he is a member of the Nii Owoo family of Faase and that in the year 1988, the Nii Owoo family granted him a lease in respect of the 4.76 acres described on the Writ of Summons. The Plaintiff added that the transaction is evidenced by an indenture executed by David Seth Kwatei Quartey and two others as representatives of the Nii Owoo family and with the consent and concurrence of the principal members of the Nii Owoo family. 3. The Plaintiff stated that at the time of the grant, the land was bare land and he immediately took possession of same by clearing it and erecting pillars on it. The Plaintiff also stated that he submitted the indenture in respect of the land to the Lands Commission for registration, but he is yet to receive a Land Title Certifica.....