BENJAMIN QUARCOPOME SACKEY v. ISSAKA A. MUSA
May 20, 2010
COURT OF APPEAL
GHANA
CORAM
- H. ABBAN (MRS.), J. A. (PRESIDING)
- KUSI – APPIAH, J. A.
- GYAESAYOR, J. A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
May 20, 2010
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On appeal from the Circuit Court in Accra, the Court of Appeal, per Kusi-Appiah, J.A., resolved a long-running Abeka land dispute involving grants from the Asere Stool. The plaintiff relied on a 1964 grant by Asere Mantse Nii Akramah II and a 1992 Land Title Certificate after possession and construction. The defendant asserted a 1972 grant from the same Mantse, an indenture by Asere elders in 1974, and an additional 1986 conveyance from the Nikoi Olai stool family registered at the Lands Department, and alleged the plaintiff procured his certificate by fraud. The appellate court held the identity of the land was an agreed fact and the trial judge erred by treating it as disputed. Applying the rule that with a common grantor the earlier grant prevails, and the nemo dat principle, the court set aside the Circuit Court’s judgment and entered judgment for the plaintiff on all claims.
KUSI-APPIAH, J. A.: This is an appeal against the judgment of the Circuit Court, Accra dated 1ST November, 2005. By his amended writ of summons, the plaintiff claimed against the defendant for:
“(1) Declaration of title
(2) Damages for trespass
(3) Injunction restraining the defendants and his privies from interfering with the
land, the subject matter of suit,
(4) Recovery of possession of the land described in paragraph 2 of the amended
Statement of claim and defence to counterclaim.”
The defendant denied the plaintiff claim and counter-claim as follows:
“(a) Declaration of title to all that piece or parcel of land with a building lying
situate and being at Abeka within the MULCOSE lands and bounded on
the north by Nokoi Olai stool family lands … which said piece or parcel of
land is attached to the indenture of a lease dated 8/3/1986 and stamped as
AC 2318/86.
(b) An order that plaintiff’s Land Title Certificate No. G.A. 335910124 Folio
86 was obtained and procured by fraud land Certificate obtained by the plaintiff on the land in dispute.
(d) Perpetual Injunction restraining the plaintiff and his servants, agents and
assigns from entering upon the land in dispute.
(e) Damages for causing harmful damages and destructions to the Defendants
building on the land in dispute and
(f) Damages for trespass.”
The facts giving rise to this action are very simple. The plaintiff in this action claimed to have acquired the land the subject matter of this suit, situate and lying and being at North Kanashie-Accra from Nii Akramah II, the Asere Mantse in 1964 at £15. He averred that upon the purchase of the land he was given a document. Subsequently, he obtained Land Title Certificate dated 3 December, 1992.
According to the plaintiff, he took effective possession of the land and put up a structure thereon. But the defendant unlawful entered the land, demolished his foundation and in its place carried out construction of his (defendant’s) building, notwithstanding protest from the plaintiffs.
The defendant resisted the claim and also called evidence to show how he acquired the land in dispute for valuable consideration as far back as 1972 from the late Asere Mantse, Nii Akramah II. He contended that even though he was immediately placed in possession of the land by his vendor, no document evidencing the grant was issued to him. The defendant alleged that in or around 1974, in the absence of a substantive Asere Mantse, he was directed to the n elder