ADOLPH TETTEH ADJEI VS ANAS AREMEYAW ANAS & ANOR
2024
COURT OF APPEAL
GHANA
CORAM
- DZAMEFE, JA (PRESIDING)
- AGYEI ADDO, JA
- ARCHER, JA
Areas of Law
- Property and Real Estate Law
- Trust Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal case hinges on ascertaining rightful ownership and validity of land titles between Plaintiff and Defendants, originating from questionable transactions and contested by both, setting forth multiple levels of litigation. Earlier judgments found significant fraud in transactions by the Trust granting title to the land, and appellate review overturned the lower court’s award of title to Plaintiff, recognizing Defendant's claims. Key principles reiterated that land registration does not create an indefeasible title in cases of fraud, and consent judgments act as binding contracts until legally overturned.
ARCHER, J.A:
This is an appeal from the decision of the Land Court, Accra, dated 4th May 2023.
The facts of the case relevant to this appeal are as follows:
On 8th March 2017, the Plaintiff/Respondent (hereafter called the Plaintiff) commenced this action against the Defendants/Appellants (hereafter called the Defendants) for:
“a. A declaration of title to all that piece or parcel of land in extent 2.00acres (0.18 hectares) more or less and bounded on the North East by land measuring 267.4 feet more or less and on the South East by proposed road measuring 294.6 feet more or less on the South West by land measuring 296.9 feet more or less on the North West by land measuring 298.3 feet more or less and situate at East La Dadekotopon in the Greater Accra Region of the Republic of Ghana.
b. Damages for trespass to Plaintiff’s land described above
c. Recovery of possession of the Plaintiff’s land aforesaid
d. Perpetual injunction against the Defendants, their servants, agents, assigns, workmen, and all those claiming through them from entering on the subject land and carrying out any construction works on same or interfering with the subject land in any manner whatsoever or disturbing the Plaintiff’s peaceful occupation and possession of same.
e. Costs.
f. Any other relief (s) that this Honourable Court may deem fit”.
The gravamen of Plaintiff’s case as per his pleadings in the Court below is that he acquired sublease interest in the land from La Hillview Development Limited. He subsequently applied to the Land Title Registry for the registration of his interest. Same having been granted, he was issued with Land Certificate No. GA 46455 dated 26th February 2015. He further averred that he took possession of same. It is the case of the Plaintiff that the Defendants went unto the land and commenced construction works upon it. Defendants’ insistent act of constructing a building on the land in spite of Plaintiff’s persistent warnings led to the commencement of the action.
The 1st Defendant in his Statement of Defence and Counterclaim denied Plaintiff’s claim. He averred that he acquired the land in dispute from the Ataa Tawiah Tsinaiatse and Numo Ofoli Kwashie Families of La, who are the bonafide owners of the large land by customary law. In particular and of utmost importance, the Plaintiff averred that, “the title the Plaintiff relies on and his entire root of title are defective suspect fraudulent and raises serious questions of fact and law the Cour