ALEX ETOH KWAKU v. BRIDGETTE OFOSU ASABEA
2013
COURT OF APPEAL
GHANA
CORAM
- ABBAN, (MRS.) JA (PRESIDING)
- ACQUAYE, JA
- DZAMEFE, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, claiming ownership of land purchased from the Chief of Adentan, argued that the respondent was trespassing. The respondent, who leased land from the same chief, counterclaimed, contending appellant’s trespass and nuisance. Both parties faced issues with site plan accuracy, compounded by a government acquisition for WASS. The trial court dismissed both claims for insufficient title proof and nuisance grounds. The appellant appealed, arguing the judgment was against the weight of evidence. Upon review, the appellate court affirmed the trial court’s decision, emphasizing the appellant’s failure to identify the land with certainty and the unchanged judgment’s merits. The legal principles reinforced include the burdens of proof for title declaration and counterclaims and the necessity for specific land identification for title declaration.
DZAMEFE, JA
This is an appeal from the judgment of the High Court, Accra dated 20th July, 2009. The plaintiff/appellant, referred to as the appellant dissatisfied with the judgment in favour of the defendant/respondent filed this appeal.
FACTS
The facts of the case as given by the appellant, a Refrigeration Mechanic employed at Novotel Hotel Accra are that, by a Deed of Conveyance between him and one Nii Adjei Kplen II, Chief of Adentan, he acquired all that piece and parcel of land situate and lying at Adentan, Accra. The land is described in the schedule and conveyed to him in consideration of the sum of ¢1,000.00. The Deed of Conveyance is duly registered as Land Registry No. 3961/1987.
Soon after the purchase of the land he went into immediate possession by erecting corner pillars thereon to secure the land and had been in undisturbed and uninterrupted possession ever since. He exercised acts of ownership over the land by planting economic trees like mango, avocado, calabash, orange, palm nut, cashew and coconut trees on the land without any let, hindrance nor challenge from anyone, let alone the defendant.
It is his case that from 1st August, 2005, the defendant has trespassed on a portion of the land and actually constructed two wooden kiosks thereon. No amount of promptings nor warnings from appellant would compel the respondent to abate her acts of trespass. That the respondent is bent on continuing and or persisting with her illegal and unlawful activities on the land unless and until she is specifically restrained by the court from doing so. Wherefore he claim by this writ of summons for the following claims;-
a. Declaration of title to all that piece or parcel of land situate lying and being at Adentan and more particularly descried in the scheduled contained in the statement of claim.
b. Recovery of possession.
c. Damages for trespass.
d. Perpetual injunction restraining the defendant, her personal representatives, assigns, agents, whatsoever and servants or whomsoever described from interfering, dealing with or having anything to do in any manner howsoever with the land subject matter of this suit.
The respondent in her defence and counterclaim described her land as situate and lying at West Adentan and bounded on the North West by site of West Africa Secondary School (WASS) measuring 100ft more or less on the South East by a proposed road measuring a distance of 100ft more or less on the South West by a lessors land measuring 100ft