BUILDAF LIMITED & ORS v. THE TRUSTEES OF THE CATHOLIC CHURCH
2013
COURT OF APPEAL
GHANA
CORAM
- AYEBI J.A. (PRESIDING)
- IRENE DANQUAH (MRS.) J.A.
- TANKO AMADU J.A
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this case, the defendant appealed against a High Court judgment favoring the plaintiff regarding the title to a piece of land. The crux of the appeal was the plaintiff's failure to prove the boundaries and extent of the land claimed, an error in evaluating long possession, and inconsistencies in the trial judge's findings. The appellate court found that the plaintiff did not sufficiently prove the identity of the land and noted numerous inconsistencies in the evidence presented. As a result, the appellate court reversed the trial court's judgment, upheld the defendant's counter-claim, and provided multiple legal principles guiding the proof requirements in land title declarations and the significance of long, undisturbed possession in establishing ownership.
AYEBI J.A.
This is an appeal against the judgment of the Wa High Court delivered on 17th May 2012. The judgment went in favour of the plaintiff/respondent in this appeal.
The claim of the plaintiff is for:
(a) Declaration of title to all that piece or parcel of land lying, situate, opposite the Wa Polytechnic new site bounded on the north by the Mugluu valley measuring about 1km on that side, on the west by the Wa-Kpongo road measuring about 1km on that side; on the south by plaintiff’s land on the east by plaintiff’s land, which land shall be more particularly delineated by a site plan upon the orders of the court.
(b) Perpetual injunction restraining the defendant heirs, successors in title and all persons whatsoever claiming title through him from interfering with the plaintiff’s peaceful enjoyment of the land.
(c) Cost of the action.
In a counter-claim, the defendant prayed the court to declare that his family is entitled to all that piece of land situate at a place called Mugulu, bounded by the properties of Sokpeyiri to the north, Naa-jara of Kpongo to the south, Kpaguri to the east and Pouhounyiri to the south.
The plea of the plaintiff in support of the reliefs claimed is that many years ago, his ancestors led by Kuanii migrated from Tafali village east of Wa township and settled at the area south of Wa township now called Kpongo. By that settlement his ancestors acquired a large tract of land covering an area of about 10,000 acres. In paragraph six of the statement of claim the land is described.
It is pleaded that defendant is a farmer resident at Fongo, a section of Wa township. The further plea of the plaintiff that is a sister from their family married a man from Fongo. This man or husband of their sister is not related to the defendant herein. Their sister requested their grandfather for land for her husband to farm and feed her children. Their grandfather obliged and gave their sister a portion at the northern section of their land. Part of that portion granted their sister has been left fallow and uncultivated.
Of late the defendant has fixed a sign post on that uncultivated portion, claiming ownership of it. It is plaintiff’s case that defendant has no right to fix a sign post on the land. A member of his family who removed the sign post was being prosecuted for trespass and causing damage at the Wa District Court. So he sued defendant for the reliefs endorsed on the writ of summons. In paragraphs 17 of the statement the reliefs w