CEPHAS OKUONU ADDO v. KOIWAH INVESTMENT & 3 ORS
2016
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, (J.A). - Presiding
- ADUAMA OSEI, (J.A.)
- KWOFIE, (J.A.)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a land title dispute where the plaintiff, representing a family, claimed ownership based on a contested Deed of Gift from 1960. The defendants, who developed the land, denied the validity of the deed, alleging it was forged. The trial court ruled in favor of the plaintiff, but the appellate court found that the plaintiff failed to provide sufficient proof of ownership and had departed from their pleadings. Thus, the appellate court allowed the appeal, setting aside the trial court's judgment.
KUSI-APPIAH, ( J.A.): The respondent to this appeal, Cephas Okuonu Addo substituted by J. B. Bortey (hereinafter called the Plaintiff) brought an action at the High Court, Accra against the Appellants herein, Koiwah Investment Company Limited and three others (hereinafter called the Defendants) jointly and severally for declaration of title to a piece or parcel of land lying and being at Baatsonaa in the Greater Accra Region covering an approximate area of 80.26 acres.
In his statement of claim, the plaintiff pleaded that he was bringing the action for himself and on behalf of the late Edward Annan Addo family of Nungua.
Apart from the declaration, he also sought recovery of possession of the said land, general damages for trespass and an order for perpetual injunction against the defendants and their privies.
The facts which gave to the case are as follows: The plaintiff who describes himself as the Head and lawful representative of the family of the late Edward Annan Addo of Nungua claimed (per his statement of claim) that by a Deed of a Gift dated the 26th day of August, 1960, and numbered at Lands Department as No.
AC 7339/60, ALL that piece or parcel of land more particularly described in the indorsement to the writ was granted to the said Edward Annan Addo and his brothers forever by the Nungua Stool.
The plaintiff in his evidence stated that on the death of their sister in 1993, the family discovered a site plan that covered the 80 acres of land in the name of his late brother Edward Annan Addo.
That upon a search at the Lands Commission it came out that a deed of gift was executed on 26th August, 1960 by Nii Odai Ayiku (IV), Chief/Mantse of Nungua in favour of his late brother E.A. Addo and Brothers on the said 80 acres of land.
Thereafter, the plaintiff and his family went into possession by granting parts of the said land to various grantees for farming and residential purposes.
It is the case of the plaintiff that the defendants have trespassed on portions of the said land and developed residential houses or estates thereon.
That the 2nd, 3rd and 4th defendants are wantonly selling portions of the land to developers without the authority or consent of the plaintiff.
The plaintiff contended that all attempts by the plaintiff and his family to stop the acts of trespass by the defendants have proved unsuccessful; hence the plaintiff’s action against the defendants herein.
On their part, the 1st defendant, a limited liability company regi