ALICE TIEKU v. KOFI BOAKYE
2021
COURT OF APPEAL
GHANA
CORAM
- HENRY KWOFIE JA (PRESIDING)
- AMMA GAISIE JA
- ADJEI FRIMPONG JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision, authored by Justice Adjei Frimpong with Justices Henry Kwofie (Presiding) and Amma Gaisie concurring, arises from a land title dispute between an appellant claiming a 0.37-acre plot leased from Daniel Osei Safo and a respondent claiming through the Nii Kpakpo Otu family. The appellant walled the plot and began a foundation; the respondent constructed and completed a four-bedroom house and has lived there since. The trial court dismissed the appellants claim, finding she failed to prove the lands identity, relying on Supreme Court authority that site plans not endorsed by the Director of Surveys under LI 1444 lack probative value. On appeal, the Court held identity was in issue, unendorsed plans by both parties were inadmissible for proof, registration does not guarantee title, and District Court documents and permit receipts could not establish identity. The appellant failed to call her grantor or produce a plan of the remaining 8.16 acres to situate the plot. The appeal was dismissed with costs of GH2,10,000 to the respondent.
ADJEI FRIMPONG JA:
By the antecedent of this suit, the parties have not relented in their contest over the plot in dispute. The plaintiff/appellant (herein “appellant”) previously sued the defendant/respondent (herein “respondent”) at the District Court, Amasaman. Then unsure about the identity of the respondent, the writ described him as “the Encroacher”.
Even though judgment was obtained by the appellant then, it was successfully set aside when it was later determined that the writ was not duly served on the respondent. The appellant then commenced a fresh action this time at the court below which has culminated in this appeal.
Her case in a nutshell was that she purchased the plot, subject matter of the suit from one Daniel Osei Sarfo and registered same in accordance with the laws of Ghana. In 2001, she applied for a building permit from the then Ga District Assembly to put up a dwelling house. On being issued with a building permit billing form, she proceeded to construct a wall around the plot and also began putting up a foundation.
She noticed that the respondent had trespassed onto the land and begun constructing a structure on it. In spite of her warning to the respondent to refrain from his unlawful activity, he persisted in the construction. She therefore launched the initial action at the District Court and subsequently the instant one. The reliefs she sought captured in her writ later amended were:
Declaration that the plaintiff is the bonafide owner of the land mentioned and described in paragraph 1 of the statement of claim.
An order directed at the defendant to demolish any structure on the said land.
A perpetual injunction to restrain the defendant whether by himself servants, agents, workmen assigns or whomsoever from interfering with the plaintiff’s ownership, occupation and possession of the land.
Costs and any further order(s) as this honourable court may deem fit.
In the paragraph 1 of the statement of claim as referred to, the plot is described as
“…measuring approximately 0.37 acre and bounded on the north by the sub-lessor’s land measuring 200 feet more or less on the south by sub-lessor’s land measuring 200 feet more or less, on the east by proposed road measuring 80 feet more or less and on the west by proposed measuring 80 feet more or less and more particularly delineated on the plan edged pink and attached hereto for the residue of the term granted in the sub-lease.”
Per contra, the respondent’s case was that, some