ALPHA MUSA v. DR. FRANCIS ASANTE APPEAGYEI
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL SAU, JA (PRESIDING)
- ACQUAYE, JA
- AGYEMANG, (MRS.) JA
Areas of Law
- Property Law
- Contract Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the decision of the trial court fails, the counterclaim of the defendant/respondent is upheld. The appellant had no capacity to sue in respect of the disputed land as it was established that the land was conveyed to the Hausa community represented by Malam Musa. The court upheld the counterclaim and awarded damages for trespass against the appellant.
AGYEMANG JA:
The appellant who sued in his capacity as the administrator of the estate of his deceased father Malam Musa, but nonetheless described himself in pleading as the beneficial and legal owner of the land in dispute, claimed inter alia for, a declaration of title to, and recovery of possession of a sizeable tract of land described as situate and lying at East Legon covering an approximate area of 275.47 acres bounded on the North/West by the lessor’s property measuring 4000 ft. more or less, on the South/East by the Tema motor road measuring 4000ft. more or less, on the South/West by the lessor’s land property measuring 3000ft. more or less, and the North/East by the lessor’s property measuring 3000ft. more or less.
It was the appellant’s case at trial, that his late father Malam Musa who had been the head of the Hausa community, had in 1969, acquired for his own use, the parcel of land the subject of the suit from the Nungua Stool acting by Nii Odai Ayiku who executed a lease with Land Registry No. 1220/1969 AC 3440A/69, 32000/19265, dated 23rd May 1969 for fifty years in favour of his lessee father. It was further his case, that his father remained in possession of the land until his death and exercised rights of possession. Averring that he had since the death of his father, been granted Letters of Administration without challenge from any quarter, the appellant as plaintiff, asserted that he had commenced the action to safeguard the land from acts of trespass committed by the defendant/respondent who he alleged to have forcibly entered the land to challenge his use thereof.
It was the case of the defendant/counterclaimant/respondent (referred to alternately as the respondent or the respondent/counterclaimant),that on the 20th of May 1979 and again on 5th of August 2003, he acquired two parcels of land. The first parcel of land was acquired by purchase from the Nungua Stool whose occupant at the time was Nii Odai Ayiku IV. He built a house as well as a perimeter fence thereat. The second purchase was from one William Nkumsah who had also acquired it from the said Nungua stool per its occupant Nii Odai Ayiku IV. The land which is now in dispute, and which the defendant/respondent described as lying between Bawaleshie and East Legon (formerly Otele), was said to have been the subject of a suit at the Circuit Court which adjudged one Nii Kotey Amli head of the Klanaa Quarter of La, the owner thereof. The respondent/counterclaimant alleged that