COMFORT OFEIBEA DODOO v. NII AMARTEY MENSAH & ORS
2016
COURT OF APPEAL
GHANA
CORAM
- Gyaesayor
- Aduama Osei JA
- Dzamefe JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves an appeal against a High Court ruling in favor of the Plaintiff declaring them the rightful owner of disputed land, with damages for trespass and a perpetual injunction against the Defendants. The Defendants appealed arguing lack of capacity to sue, judgment against the weight of evidence, and procedural errors post-judgment. The appellate court upheld the High Court's ruling on ownership and capacity to sue, but dismissed the procedural error claim as it was not within the scope of the appeal.
JUDGEMENT
ADUAMA OSEI JA:
In its judgment dated the 22nd of March, 2013, the High Court, Accra, made a declaration of title against the Defendants/Appellants in favour of the Plaintiff/Respondent in respect of a parcel of land situate at Amasaman in Accra, and containing an approximate area of 229.67 acres. Other reliefs granted against the Defendants/Appellants in the said judgment were damages for trespass in favour of the Plaintiff/Respondent, recovery of possession in favour of the Plaintiff/Respondent, and perpetual injunction. In the same judgment, the High Court ordered the Lands Commission to cancel a document which the Defendants had registered with the Commission as No. R 225/97 in respect of the disputed land.
Not satisfied with the judgment of the High Court, the Defendants/Appellants have appealed against the same to this Court and we now read the judgment of the Court. In this judgment, the Plaintiff/Respondent is referred to as “the Plantiff”, and the Defendants/Appellants are referred to as “the Defendants”.
The writ of summons by which the Plaintiff initiated her action was issued on the 20th of September, 2000, and by it, the Plaintiff sued “on behalf of herself and on behalf of the Atu We, Adjebua and Ayikushie families of Accra”. The indorsement on it was for the reliefs which the trial Court granted the Plaintiff in its judgment of 22nd March, 2013.
In the statement of claim that accompanied the writ of summons, the Plaintiff described herself as the daughter and surviving executrix of the late Mercy Naa Aponsah, also known as Mrs. Mercy Dodoo and owner of the disputed land. She also claimed to be a beneficiary of the disputed land together with the 3 families mentioned in the writ of summons by virtue of the Will of the late Mercy Naa Aponsah dated the 29th of December, 1984 and proved on 5th May, 1988. Among other things, her complaints against the Defendants, as expressed in the statement of claim, were that the 1st, 2nd and 3rd Defendants had fraudulently procured the registration of a portion of the disputed land by the Lands Commission in Accra, and had brought the 4th – 6th Defendants upon the land, who had been winning sand on portions of the land without lawful authority, and who by their unlawful activities on the land had damaged the soil as well as food and economic crops belonging to her and her caretakers.
The Defendants however stated in their amended statement of defence and counterclaim that the sand-winning acti