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
- Probate and Succession
- Civil Procedure
- Evidence Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal case arises from a land dispute at Kokomlemle, Accra involving Emmanuel Okesson, who in 2003 obtained a 30-year lease from Akua Dede, and defendants linked to Dara Salam Group Limited, with co-defendant Benjamin Abbey Addawoo acting as head of the Addawoo Paternal Guan family. The High Court had granted Okesson’s claims for declaration, possession, damages, injunction, and cancellation of Land Title Certificate GA 15146, while dismissing the defendants’ and co-defendant’s counterclaims. On appeal, the court focused on whether Akua Dede had legal capacity to convey the beneficial interest and the validity of Okesson’s Exhibit A lease. It held that upon the death of the last administratrix, the property remained family-held; succession is not automatic and requires consent, and Order 66 rule 59(2) is inapplicable to family-trust property. Without appointment and consent, Akua Dede’s lease was invalid. Estoppel by conduct and burden-of-proof principles further undermined Okesson’s title. The Court of Appeal allowed the appeal, set aside the High Court’s judgment, dismissed Okesson’s action, and entered judgment for the co-defendant on his counterclaim.
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