An Accra High Court (Land Division) has struck out an application by defendants seeking to dismiss a property dispute brought by developer Carlos Kwebena Allston, clearing the way for the substantive hearing of the case.
The dispute centres on the ownership and possession of a property located at 17 Abraham Dzani Close in East Legon.
The court’s decision followed the withdrawal of the application by lawyers for the defendants, allowing the matter to proceed before the Land Division of the High Court.
Mr Allston has sued Perry Okudzeto, Desmond Afeku and Wise Horgli, claiming ownership of the property in question.
According to his 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 contends that a separate structure on the same parcel of land, referred to in court documents as the “Subject Matter Property”, was never sold, leased or transferred to any of the defendants and remains exclusively his.
The plaintiff alleges that Mr Okudzeto, who previously purchased apartments valued at US$460,000, and Mr Afeku unlawfully took possession of the property despite having no legal interest in it.
Mr Allston further claims that Mr Horgli reported the matter to the Ghana Police Service instead of pursuing a civil action to establish ownership rights, resulting in 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 and enabled the defendants to continue occupying the premises.
With the striking-out application withdrawn, the court is expected to hear the substantive issues in the case, including claims relating to ownership, possession and alleged trespass.
Counsel for the plaintiff argued that the case raises concerns about the use of criminal processes in resolving land and property disputes, maintaining that such matters should ordinarily be settled through civil proceedings.
