HAMZA WAZIRI vs. MR. GODWIN SEKYERE AND MRS.VERA SEKYERE [2019]DLHC9015

Date	2019-12-20
Suit No.	SUIT NO. LD/0663/17
Citation No.	[2019]DLHC9015

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

CHRISTIE PEARL SARBAH HOLDING BRIEF FOR EMMANUEL BRIGHT ATOKO FOR DEFENDANTS

NO LEGAL REPRESENTATION FOR PLAINTIFF

[2019]DLHC9015
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													<main id="main" class="content" style="min-height: 60rem" >HAMZA WAZIRI<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>MR. GODWIN SEKYERE AND MRS.VERA SEKYERE<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (LAND DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO. LD/0663/17&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 20TH DECEMBER, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>CHRISTIE PEARL SARBAH
HOLDING BRIEF FOR EMMANUEL BRIGHT ATOKO FOR DEFENDANTS <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NO
LEGAL REPRESENTATION FOR PLAINTIFF<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HER
LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p>By an amended writ of summons and
statement of claim dated 17th May 2018, the Plaintiff Hamza Waziri,
sued the Defendants for a declaration of title to a piece of land located at
Bortianor, Accra, recovery of possession of the said land, perpetual injunction
and damages for trespass. <o:p></o:p><o:p>&nbsp;</o:p>In the accompanying statement of claim,
the Plaintiff asserted that he acquired the land in dispute from the Bortianor
Stool in the year 2005 and immediately went into possession of same by clearing
it and commencing the construction of a four bedroom house. Along the line, he
travelled outside the jurisdiction; but on his return, found to his chagrin,
that the 1st Defendant was building upon the structure he had left
behind. His warnings to the 1st Defendant to stay away from his
property fell on deaf ears and despite several reports to the police, the 1st
Defendant was, with the assistance of land guards, developing his property
steadily. He therefore brought the instant action for the reliefs stated above.<o:p></o:p><o:p>&nbsp;</o:p>In their amended statement of defence
and counterclaim filed on 31st May 2018, the Defendants contended
that they acquired the land in dispute in 1997 from one Hajia Aisha, who was
the original owner of the said land. They claimed that the said Hajia Aisha
caused the Bortianor Stool to make a direct grant in their favour because she
had not registered her interest in the land at the material time. Subsequently,
the Bortianor Stool in 2015, executed another indenture in their favour when
upon attempts to register their interest in the land in dispute, they were
required by the Lands Commission to procure a digital site plan. The Defendants
claim that upon acquiring the land in dispute, they filled it with sand,
levelled it and began the construction of a foundation footing. They further
claim that the Plaintiff rather entered the land unlawfully and attempted to
build on the footings they had erected. The Defendants therefore counterclaimed
for declaration of title to the land in dispute, recovery of possession and
damages for trespass. <o:p></o:p><o:p>&nbsp;</o:p>In the Reply filed by Plaintiff to Defendants’
counterclaim, he denied their claim of ownership to the land in dispute. He
maintained that he was put in vacant possession of the said land and enjoyed
peaceful occupation of same without any interference from the Defendants’
vendor. He further claimed that he had completed a four bedroom house on the
land in dispute in which he had put his family. Again, he asserted that his
attempts to register the land in dispute had revealed that it formed part of
Government acquired land. <o:p></o:p><o:p>&nbsp;</o:p>At the close of pleadings, a number of
issues were set down for trial, the most important being, which party had
obtained a valid grant from the Bortianor stool and which party had been in
effective possession of the said land prior to the eruption of the dispute that
led to the commencement of this action.<o:p></o:p><o:p>&nbsp;<</main>