By Joyce Danso
Accra, Aug. 1, GNA – An Accra High Court has granted a couple control of 0.28 acres of land in Prampram, Greater Accra Region, after seven years of litigation.
The court granted Mr Mark Keatley and Dr Mrs Rosemary Keatley a perpetual injunction against Hubert Asamoah, the first defendant and head of the Tetteh Wayoe Family (second defendant), their agents, and assigns from interfering with their possession, occupation, and use of the land.
“I make the order for the Tetteh Wayoe family (second defendant) to regularize the title of the plaintiffs to the disputed property,” Justice Abena A. Oppong, who presided over the court, said in her judgement.
The court also ordered the cancellation of Asamoah’s Land Certificate, which covered the contested land.
“I accordingly order the Land Registrar to rectify the Land Register by expunging the registration in the name of the first defendant covering the land in dispute.
“The first defendant is ordered to pay an amount of GHC50,000 to the Plaintiffs as cost of restoring the property,” the judge instructed.
The court directed Asamoah to pay GHC 25,000 in damages to the elderly plaintiffs.
It concluded that “the claim that the property was unencumbered is thus a mere fabrication.”
“The claim that the property was encumbered could not be true because the first defendant admits that when he first entered the land, there was a structure on it which he termed as dilapidated,” the court said.
It noted that when the Keatleys entered the property, “there were no other interests.”
The Keatleys said that they purchased the land with a Charlet on it in 1995 from Peter Aust, the first Managing Director of the Labadi Hotel, without being aware of any encumbrances.
After paying $6,000 to Peter Aust, they remained on the land for years without disturbance.
Peter Aust acquired the property from the Prampram Traditional Council in 1992.
The Keatleys entered the land in 1995 and have since built two sea defense walls, a summer hut, a concrete fence wall with coping, and a barbecue structure.
They also renovated the wooden chalets, replaced the roof with clay tiles, created a garden with a meandering paved block path, and installed electricity and water at a significant cost.
The Keatleys have fully furnished their property, which they use for weekend getaways, fun, and hosting foreign guests.
The property was peacefully occupied by them from 1995 until 2012 when the second defendant’s family posted a notice on the gate claiming ownership based on a court judgment.
The second defendant demanded payment for the land again, prompting discussions to determine their ownership interest in it.
On October 26, 2017, the plaintiffs’ caretaker notified them that Asamoah had broken into their property, changed the gate, increased the height of the walls, destroyed their garden, and cut flowering shrubs.
Asamoah used electricity and water, dug a foundation near the summer hut, and removed half of the floor tiles.
After receiving the complaint, the Keatleys were forced to return to Ghana and file a police report.
On October 29, 2017, they visited the land with the Police. During the inspection, Asamoah admitted to causing considerable damage to the property, which cost GH95,000 to renovate in 2016.
The Keatleys initiated a court action seeking a declaration of title and possession of the land encroached by Asamoah or his agents.
The Keatleys sought a perpetual injunction to keep the defendants and their agents from interfering with their property.
They demanded compensation for Asamoah’s trespass on their property and the cost of restoring it, because Asamoah admitted to causing damage and claiming ownership from the second defendant’s family.
The court noted that the head of the family denied knowledge of the transaction between his family and Asamoah.
Asamoah claimed the land based on a 2010 Supreme Court judgment, contending he was the legitimate purchaser and the plaintiffs were “squatters.”
Asamoah explained that on July 24, 2012, he and one Audrey bought the land from the family.
The court determined that when the Keatleys took possession of the land, “the Tetteh Wayoe family interest in it had not ripened, and the issue of adverse possession does not arise.”
Again, it turned out that Asamoah should have disclosed to the Land Registrar that the property he was attempting to register was encumbered, but he concealed this information.
The court stated that it could not gloss over the collusion between the two defendants by ignoring the plaintiffs’ evidence of long possession.
Dr. Rosemary Keatley expressed her excitement following the judgement, stating that the outcome in Ghana is unpredictable.
“I think we have found a Solomon in the judge who kept the adjournments to a minimum and we are happy with the judgement.”
“I was bullied because I am an old lady and he (first defendant) thinks that he would have his way by using money, land guards and everything. He used land guards to brutalize me. I have never seen such a thing where some people think they are above the law.
“We must stop this otherwise the country will deteriorate into chaos,” she said.
GNA