Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

BENJAMIN DANQUAH v. AGNES AHADZI & PIONEER MALLS LTD

2021

COURT OF APPEAL

GHANA

CORAM

  • H. KWOFIE JA (PRESIDING)
  • B. MENSAH JA
  • ARYENE JA

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law
  • Tort Law
  • Corporate Law
  • Administrative Law

AI Generated Summary

On appeal from the High Court of Accra, Justice Novisi Aryene (Court of Appeal) reversed a judgment that had favored the plaintiff over land at Okpoi Gonno, Teshie. The plaintiffs claim of trespass rested on title from the Tsie We Family of Teshie, while first and second defendants (including Pioneer Mall Limited) asserted title under Land Certificates GA 9043 and GA 13523 through the Bortei Alabi Family of Nungua. The Court of Appeal held the Land Title Registrys cancellation of GA 9043 was wrongful without due process and noted the Regional Tribunals acquittal of defendants grantors on forgery. Relying on a 2019 Supreme Court judgment concerning Okpoi Gonno, the court concluded the land is part of Nungua Stool lands. It set aside the trial courts awards, declared GA 13523 valid in the second defendant, declared the plaintiffs GA 22122 void, ordered the Lands Commission to cancel GA 22122, and awarded GHa25,000 damages for trespass to the second defendant.

JUDGMENT