ABED NORTEY & ANOTHER v. AFRICAN INSTITUTE OF JOURNALISM & COMMUNICATION & OTHERS
2012
COURT OF APPEAL
GHANA
CORAM
- ABBAN, J.A. (PRESIDING)
- KUSI-APPIAH, J.A.
- AYEBI, J.A
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Kusi-Appiah, J.A., reviewed a land title dispute over the Oshiokpo lands between the Osu Wem Family of Prampram and the Nii Nartey Borboryoe family of Oshiokpo, Dawhenya. The trial court had entered judgment for the Osu Wem Family, decreeing title and dismissing the defendants’ counterclaim on grounds of fraud. On appeal, the court found the judgment was against the weight of evidence. The plaintiff’s pleadings, site plan, and testimony conflicted on boundaries; Exhibits B and B1 lacked a jurat and showed questionable signatures; and the trial judge wrongly refused to consider unobjected evidence, including PRAAD records and the Regional Registrar’s testimony. The Court of Appeal emphasized that registration does not confer unimpeachable title and fraud must be proved beyond reasonable doubt. Crediting the defendants’ documentary and testimonial proof of settlement, occupation, and leasing (including to the African Institute of Journalism and Communication, First Star Academy, and Magna Terris Ltd.), the court allowed the appeal, set aside the trial judgment, and entered judgment for the 2nd and 3rd defendants on their counterclaim.
KUSI-APPIAH, J.A.:
By his writ of summons filed on the 17th of April 2007, the plaintiff brought this action for himself and on behalf of the Osu Wem Family of Prampram against the 1st Defendant for:
“i Declaration of title to all that piece or parcel of land known as the Oshiokpo Lands bounded on the North-East by Lessor’s Land measuring a total distance of 2,047.2 feet, 1, 032.1 feet and 2,359 feet respectively more or less on the North-West by the Lessor’s Land measuring a total distance of 1,878.7 feet, 3,178.2 feet and 2,176 feet respectively more or less on the South-East by Lessor’s Land measuring a total distance of 1,936.7 feet. 1.949.1 feet, 1,767.7 feet and 4,727.8 feet respectively more or less and on the South-West by Lessor’s Land measuring a total distance of 4,690.0 feet and 1,481.8 respectively covering an approximate area of 777.696 acres of land belonging to the Osu Wem family of Prampram.
ii Recovery of possession of the entire land.
iii Damages for trespass
iv Further or other relief as in the circumstance may be just or proper, including in particular, a perpetual injunction restraining the defendant whether by themselves, their servants, agents, privies, whomsoever or otherwise from dealing or interfering with the plaintiff’s ownership, possession and/or control of the said tract of land known as Oshiokpo or any part thereof.”
The said writ of summons was accompanied by a statement of claim, which was later amended pursuant to an order of the trial court when the co-defendants were joined to the action.
The basis for the plaintiff’s reliefs are contained in paragraphs 3-8 of his amended statement of claim which read:
“3 The plaintiff says in the 27th February, 2007 edition of the Daily Graphic, it came across a publication which gave an indication that the defendant had commissioned a project on a parcel of land, which land in (SIC) known as Oshikpo and belongs to plaintiff’s family.
4 The plaintiff says the entirety of the land covers an approximate area of 777.696 acres and is bounded on the North-East by… (same as relief (i) supra).
5 Plaintiff says that the family acquired the Oshiokpo land by original or first immigrant settlement in or about the 15th century when their founder Numo Anumle first settled there and this has passed down from one generation to another and the family has since remained in continuous and undisturbed possession and control to date, exercising all rights of ownership, possession and control.