ASAFOATSE KPLA III vs EDWINA ACQUAH
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court land title dispute between Asafoatse Kpla III of Nungua and Edwina Acquah of Teshie concerns a parcel at Okpoi Gonno. Asafoatse traced title through Gladstone Sawyerr to the Tsie We family, registered proprietors; he relied on a 2014 Deed of Assignment and both his grantor’s and his own Land Title Certificates. Edwina asserted a 2001 lease from John Nii Nmashi Adjetey, Daniel Adzete Adzei and Eric Akpor Sowah, claimed long possession, and obtained an Accra Metropolitan Assembly building permit. A court-appointed surveyor’s composite plan confirmed both parties were litigating the same parcel, which lies within Tsie We family registered land. Applying section 25(1) of the Land Registry Act and the nemo dat principle, the court held Edwina’s grantors lacked title; her bona fide purchaser defence failed for lack of pre-acquisition searches. Judgment, damages (GH¢2,000), injunction, and costs (GH¢8,000) were awarded to Asafoatse.
The facts of this case are that the Plaintiff, Asafoatse Kpla III, is a traditional ruler who lives in Nungua while the Defendant, Edwina Acquah, lives at Teshie.
The Plaintiff’s case is that by a Deed of Assignment dated 11th April 2014, he acquired a parcel of land located at Okpoi Gonno in the Greater Accra Region from one Gladstone Sawyerr.
His grantor also acquired his interest in the land in dispute from the Tsie We family of Teshie who are the registered proprietors of a larger parcel of land within which the one in dispute falls.
Before assigning his interest in the land in dispute to the Plaintiff, the Plaintiff’s grantor had registered his title in the said land.
The Plaintiff has also since obtained a Land Title Certificate covering the land in dispute.
The Plaintiff claims that at the time he acquired the land in dispute, it was bounded on three(3) sides by developed and occupied properties which were enclosed by fence walls.
The frontage which abuts a road had no fence wall.
When he took possession of the land with the aim of developing it, the Defendant also entered the land with a view to develop it and allowed third parties to place kiosks on the land.
The Plaintiff lodged a complaint against the Defendant with the Police who advised the parties to take legal action.
The Plaintiff maintains that the Defendant’s grantors are not the lawful owners of the land in dispute and therefore have no interest therein to convey to the Defendant.
He is therefore seeking the intervention this Court to grant him the following reliefs against the Defendant; 1. Declaration of title to all that parcel of land situate at Okpoi Gonno, Accra covered by a Deed of Assignment made by Gladstone Sawyerr in favour of the Plaintiff and subsequently registered per Land Certificate No. GA 49828 in Land Register Vol.
02 Folio 1355 2. Recovery of possession of the land described in relief (1) above 3. Damages for trespass 4. Perpetual injunction restraining the Defendant, her agents, servants and assigns from further trespassing on the land in dispute The Defendant, on the other hand, claims that by a deed of lease dated 17th January 2001, she acquired the land in dispute from John Nii Nmashi Adjetey, Daniel Adzete Adzei and Eric Akpor Sowah who were joint owners of the said land.
She claims that she conducted a search which confirmed her grantors’ title in the land in dispute before she acquired it.
The Defendant claims, that there were neem trees and anthil