2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Poku-Acheampong, J.A., with Domakyaareh, J.A. presiding and Asiedu, J.A., dismissed an appeal from a Circuit Court judgment that rejected a land title action concerning Plot No. 27, Block U, Sector 8 at Fiapre. The Plaintiff, allocated the plot in 1976 by the Lands Commission Secretariat, Sunyani, paid fees and received a site plan but did not demonstrate timely development or possession; a 1993 notice threatened re-entry and her 1994 reply promised future development. The Lands Commission re-entered in 1995, declared the plot vacant, and granted a 99-year lease effective 1 January 1998 (title BA3880, serial 3/99) to the 1st Defendant, then on National Service at the Commission, who later assigned to the 2nd Defendant, an employee of Ghana Cocoa Board. Applying the Evidence Act’s presumption of legal and beneficial title and the burden of rebuttal, and holding that allocation papers do not confer title, the court rejected allegations of fraud and found the 1st Defendant a bona fide purchaser for value without notice. Section 29’s re-entry notice requirement did not assist the Plaintiff given her indolence and non-possession. The appeal failed on all grounds and the trial judgment was affirmed.
POKU-ACHEAMPONG, J.A.:
This is an appeal against the judgment of the Circuit Court Judge Fiapre, Bono Region delivered on 30/10/2019.
Background & Facts:
By a Writ of Summons issued on the 9th January 2001, the Plaintiff/Appellant (hereinafter referred to as “the Plaintiff”) sued the Defendants/Respondents, (hereinafter referred to as the Defendants) claiming the reliefs endorsed on the writ of summons as follows:
a. A declaration that the lease dated 14th January 1999 under title No BA3880 and serial number 3/99 granted to the 1st Defendant is void and cannot purport to confer title of Plot No 27 Block “U” Sector 8, Fiapre, on the 1st Defendant or anybody claiming through him.
b. A declaration that the Plaintiff is entitled to the ownership and possession of the plot No 27, Block “U” Sector 8, Fiapre.
c. General damages for trespass
d. An order of perpetual injunction to restrain the Defendants, their agents, assigns from dealing with the said plot in any manner or claiming title to it.
The Plaintiff in her Statement of Claim averred that the 1st Defendant worked at the Lands Commission Secretariat, Sunyani as a National Service Person, while the 2nd Defendant was an employee of Ghana Cocoa Board, Accra. It is the case of Plaintiff that, around 1976, she was allocated the disputed plot of land and paid the necessary fees for the allocation. The Plaintiff averred that on 22nd November, 1993, the Lands Commission Secretariat wrote to her that if she failed to develop the plot within 30 days, the Commission will re-enter the disputed plot. Following the letter, the Plaintiff says that she wrote to inform the Lands Commission of her intention to start the development on the said plot by June 1994.
According to the Plaintiff, she quickly constructed a foundation on the plot and placed some trips of sand and gravels on it. She did not receive any formal letter of re-entry from the Lands Commission after her reply to the one written to her in November, 1993. She visited the disputed plot around September 2000, only to discover that the foundation had been destroyed and investigations revealed that the 1st Defendant had acquired a lease on it on 26th August 1998 and that the 1st Defendant had subsequently assigned his interest to the 2nd Defendant for valuable consideration. The Plaintiff further averred that the 1st Defendant used his position as an employee of the Lands Commission to take over the disputed plot and get a lease on it despite the fact th