BENJAMIN ABBEY ADDAWOO & ANOR v. EMMANUEL OKESSON & ORS
2012
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. (PRESIDING)
- KORBIEH F, J.A.
- ADUAMA OSEI, J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involved a dispute over land ownership in Kokomlemle, Accra. The plaintiff claimed a lease from Akua Dede, but the co-defendant argued that the plaintiff's grantor lacked authority to convey the land. The High Court ruled in favor of the plaintiff, but on appeal, the appellate court determined that the High Court's judgment was against the weight of evidence, finding the plaintiff's lease invalid. The appellate court allowed the appeal, dismissed the plaintiff's action, and entered judgment for the co-defendant.
KUSI-APPIAH, J.A.: This is an appeal against the decision of the High Court (Fast Track Division), Accra dated 21st April, 2011, in favour of the plaintiff/respondent against the defendants and co-defendant/appellant. I will refer to the parties in the manner they appeared at the court below.
The case of the plaintiff as gathered from his pleadings and evidence at the trial was that, on or about 20th day of November, 2003, he obtained a 30 year lease from Akua Dede as lessor in respect of the land in dispute, situate at Kokomlemle, Accra. The said lease executed in favour of the plaintiff was tendered in evidence as Exhibit ‘A’.
According to the plaintiff, prior to the grant of the land to him, the same had been repossessed from a previous lessee, Alfred Kofi Gyarteng by Akua Dede. However, he averred that the disputed land and others have been the subject of a pending estate matter at the High Court, Accra.
It is the case of the plaintiff that the grant of the land to him was brought to the notice of the court and all parties in the said suit pursuant to the Order of the court, an amount of ¢30,000,000 (GH¢3,000.00) being 5 years rent advance was paid into court.
The plaintiff testified that after the acquisition, he went into immediate occupation and possession of the land and demolished structures thereon to make way for the construction of commercial property. But the construction was stalled because the co-defendant persistently used land guards in preventing the said construction.
The plaintiff contended that without his consent and/or permission, the defendants went into the disputed land and started developing same on the pretext that the co-defendant had granted the same to the 1st and 2nd defendants who in turn engaged the 3rd, 4th and 5th defendants.
On 13th December, 2010, the plaintiff by his amended writ of summons, therefore brought an action against the defendants for the following reliefs:-
“1. A declaration that by virtue of the indenture dated 20th November, 2003 made between Akua Dede as lessor and the plaintiff as lessee, the plaintiff acquired a leasehold over the parcel of land situate at Kokomlemle, Accra described in the schedule referred to in the statement of claim.
2. Recovery of possession of the land referred to in the schedule and indenture aforesaid.
3. Damages for trespass.
4. Perpetual injunction restraining the defendants, their agents, workmen and assigns from further trespassing or dealing with the disputed