An Accra High Court (Land Division) has struck out an application by defendants seeking to dismiss a suit filed by property developer Mr Carlos Kwebena Allston, paving the way for the substantive hearing of a dispute over ownership and possession of a property at East Legon.
The court’s decision followed the withdrawal of the application by counsel for the defendants, allowing the case to proceed on its merits before the Land Division of the High Court.
Mr Allston has sued Mr Perry Okudzeto, Mr Desmond Afeku and Mr Wise Horgli over a property located at 17 Abraham Dzani Close, East Legon.
According to the plaintiff’s amended statement of claim, he holds a registered freehold interest in the land on which he developed seven apartment units known as Jasmine Close.
He maintains that a separate structure on the same parcel of land, described in the suit as the “Subject Matter Property”, was never included in any sale, lease or transfer involving the defendants and remains his exclusive property.
The plaintiff alleges that Mr Okudzeto, who previously purchased apartments valued at US$460,000, and Mr Afeku took possession of the property without lawful authority despite having no legal interest in it.
Mr Allston further claims that Mr Horgli, instead of pursuing a civil action to establish ownership rights, lodged complaints with the Ghana Police Service, leading to his arrest, prosecution for alleged trespass and a six-day remand in police custody.
He also alleges that a police caution issued against him prevented him from accessing the property, thereby facilitating the defendants’ continued occupation of the premises.
With the withdrawal of the striking-out application, the court will now consider the substantive issues raised in the suit, including claims relating to ownership, possession and alleged trespass.
Counsel for the plaintiff said the case had reignited concerns over the use of criminal processes in resolving land and property disputes, arguing that such matters should ordinarily be determined through civil proceedings.
