The Adenta High Court presided over by Her Ladyship Enyonam Adinyirah, has set aside two (2) land title certificates of the Landline Properties Ltd, No.GA 16211 on Abbeyman lands in the Ga West Municipality in the Greater Accra Region.
In a land mark case between Frank Gyebi (plaintiff) and Isaac Opoku (defendant), the court in its ruling noted that the defendant had discharged its burden with respect to its counter claims and refused all the reliefs sought by the plaintiff.
Mr.Frank Gyebi who claims to have bought the land from Landline Property on July 9,2020 issued a writ against Mr.Isaac Opoku, who also bought his land from Abbeyman family for trespassing on a piece of land at Block 19 Plot No.9 at New Oshuman in the Ga West Municipality, in Accra.
The plaintiff claimed that the above said land at New Oshuman was his bonafide property and again asked the court to place a perpetual injunction restraining the defendant, assigns and agents from encroachment on the land and also developing in the property.
But after the trial, the court examined various evidence presented by both parties in the case, Her Ladyship Adinyirah declared that the defendant was the bonafide owner of all the said piece of land at New Abbeyman in the Ga West Municipality.
Again, the court ruled under section 195 of the land Act 2020, Act 1036 and ordered the Land Registry to cancel the land certificates of Landline Properties Limited dated August 23, 2000 with same number GA16211 on the grounds of having been procured fraudulently.
It further ordered that the Land Register be amended to reflect lands belonging to Abbeyman Family within the boundary settlement agreement on October 12, 2010 which has been affirmed in the judgment of the Appeals Court on May 17, 2018. =
The court ruled that the plaintiff at all material times is a willful trespasser on the said piece of land and placed a perpetual injunction restraining the plaintiff, assigns and agent from interference.
Her Ladyship Adinyirah granted the defendant (Isaac Oppki) to recover his possession of the dispute land and awarded a cost of GHc 15,000.00 including legal fees.
The Landline Properties Limited after the pronouncement of the High court judgment filed an appeal at the Supreme Court in civil motion No.J5/79/23 and was struck out as withdrawn on February 20, 2024.
Based on the orders of the court the head of Abbeyman family Nii Kojo Buabeng has given one month ultimatum to all leases who bought their lands from Landline Properties Limited and and that of Oshuman stool are advised to report to the Abbeyman family secretariat for regularization or stand a chance of losing it.
