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
2021
COURT OF APPEAL
GHANA
CORAM
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 GH a25,000 damages for trespass to the second defendant.
ARYENE JA
This is an appeal against the judgment of the High Court, Accra delivered on 3rd February 2011. In this judgment, we shall refer to plaintiff /Respondent as plaintiff and Defendants/Appellants as Defendants.
Plaintiff obtained judgment against the Defendants for reliefs endorsed on its amended writ of summons. 2nd Defendant’s counterclaim, was dismissed as unproven.
Aggrieved by the decision of the trial court, Defendants are in this court, praying for an order to reverse the judgment and for judgment to be entered on their counterclaim. Their prayer is brought under the following grounds of appeal:
1. That the judgment is against the weight of evidence.
2. That the learned judge erred in law when he failed to advert his mind to or address the issue of illegality of the land Title Registry cancelling land certificate no GA 9043 without a proper court order or due process under the Land Title Registration Law, 1986, (PNDCL 152).
3. The trial judge erred when he failed to advert his mind to or address the issue of the acquittal and discharge of Defendant’s grantors for forgery of signature on their indenture upon which the said land certificate No GA 9043 was purportedly cancelled.
4. The judge erred when he misdirected himself by asserting that the Defendants’ grantors’ purported cancelled title deed was completely annulled without making a finding of fact on same.
5. The judge erred in ordering the cancellation of 2nd Defendant’s land certificate no GA 13523 when no claim or request had been made before the trial court by the endorsement on the writ or by counterclaim.
6. The judge erred when he peremptorily dismissed the Defendant’s counterclaim without stating any credible legal basis for doing so.
7. The judge erred in law when he awarded general damages to the plaintiff without any proof of damage having been led or established before the trial court in evidence.
8. The judge erred when he awarded excessive damages and costs without stating any legal basis for those awards.
Events culminating in the instant action are that, plaintiff acquired a track of land situate at Okpoi Gonno, Teshie, Accra from the Tsie We Family of Teshie. He contends that his grantors are owners of a larger track of land covered by a Land Certificate issued pursuant to judgment of the Supreme Court in Civil Appeal No. 8/92 delivered on 19th April 1994, and that his grantors are also holders of a Statutory Declaration dated 21st July 1965, registere