2020
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, presided over by Irene Charity Larbi J.A., with Angelina M. Domakyaareh J.A. and Patience Mills‑Tetteh sitting as an additional judge concurring, decided a land dispute over Plot No. 176 in the North Kwesimintsim Asakae–Mpatado–Adientem layout. The Plaintiff, represented by her attorney‑husband Anthony Ebo Essien, relied on a 13 October 1997 lease from the Ntwea family of Apremdo registered at the Deeds Registry (No. 2946/2001). The 1st Defendant claimed Plot 176 through a 27 May 2000 lease from the Anona family and counterclaimed for a perpetual injunction. The Court reaffirmed that parties must prove title on the preponderance of probabilities and that receipts and statutory declarations do not themselves confer title. Registration at the Deeds Registry constitutes actual notice and priority. The Defendant’s claimed search was not produced, and witness testimony undermined his case. The appeal on the weight of evidence failed; damages for trespass were reduced from GH¢50,000 to GH¢20,000 as excessive without proof of actual loss, while the High Court’s declaratory, possession, and injunction orders stood.
Irene Charity Larbi (Mrs) J.A.
This appeal is against the judgment of the High Court, Sekondi, dated 8th February, 2013.
(1) The Plaintiff by his Writ issued on 6th November, 2001
claimed against the Defendants for declaration of title to a piece of land known as Plot No.176 on North Kwesimintsim Asakae-Mpatado-Adientem layout, an order for recovery of possession; perpetual injunction to restrain the Defendants, agents, privies etc and damages for trespass.
(2) The 1st Defendant filed his defence and counter-claimed for
perpetual injunction restraining the Plaintiff, her agents, assigns etc from interfering with the Plot No. 176 or with the 1st Defendant’s quiet enjoyment of the said plot.
(3) In the course of the proceedings, the Plaintiff discontinued
against the 2nd Defendant. At the trial, evidence was given by the Plaintiffs Attorney, Anthony Ebo Essien, her husband by virtue of a Power of Attorney donated to him by the Plaintiff.
A summary of the Plaintiffs case is that the Plaintiff acquired
a lease of the land in dispute from the Ntwea family of Apremdo by a lease dated 13th October, 1997 and registered it at the Deeds Registry as Lands Registry No. 2946/2001. Sometime in 2001, the Plaintiff visited the site only to realize that someone had dug a foundation on the plot No. 176. Upon investigation, the Plaintiff got to know that it was the 1st Defendant who was developing the said plot. The Plaintiff averred that her husband confronted the Defendant’s agents on the land but they failed to produce any document as to ownership of the land. The Plaintiff averred further that the parties to the suit met at Lands Commission, Sekondi, in an attempt to resolve the impasse at the Lands Commission, where the Defendant again failed to produce any title deeds nor his grantors.
(4) The 1st Defendant in his statement of defence denied the
claim of the Plaintiff as owner of the said Plot No. 176. The
1st Defendant stated that he is the lessee of Plot No.176 by virtue of a lease granted him by the same Anona family of Apremdo acting per its then Ebusuapanyin Essieh Kum dated 27th May, 2000 and stamped with the Lands Commission Sekondi, as No.WR 1013/2000.
(5) After a full trial, the Trial Judge entered judgment in favour
of the Plaintiff for all the reliefs on the Writ and awarded damages of GH¢50,000.00. and cost of GH¢3,000.00.
The trial judge further dismissed the 1st Defendant’s counterclaim as unmeritorious in law. Aggrieved by the said decisio