March 14, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Amma A. Gaisie J.A., reviewed an appeal from the High Court (Land Division) which had declared Constance Adu the owner of Plot No. 112, Block 17, Section 174 at Ashongman Estate and granted her reliefs. Adu, a Ghanaian resident in Hamburg, acquired the land from James Duvor in 2004, conducted searches, and registered title, obtaining a Land Title Certificate. She alleged the Defendant later encroached and began construction despite protests and police involvement. On appeal, the Defendant challenged the trial court’s treatment of Duvor’s testimony and the legal effect of Exhibit ‘A’. The Court of Appeal upheld the High Court, emphasizing the indefeasibility of registered title under PNDCL 152 and applying nemo dat: after divesting his interest in 2004, Duvor could not convey Plot 112 again in 2007. The Court found trespass and dismissed all grounds, affirming the judgment and dismissing the counterclaim.
AMMA A. GAISIE J.A:
This is an appeal from the judgement of the High Court (Land Division) dated 5th July, 2012.
In the said judgement, the learned trial judge declared the Plaintiff as the owner of the land in dispute.
By a Writ of Summons dated 28th January, 2010, the Plaintiff per her lawful Attorney, Yaw Saarah Adu Gyamfi, issued a Writ of Summons against the Defendant claiming the following reliefs:
“(a) Declaration of title to all that piece or parcel of land in extent 0.06 hectare (0.16 of an acre) more or less being parcel No.112 Block 17 section 174 situate at Ashongman Estate in the Greater Accra Region of the Republic of Ghana as delineated on Registry Map Number 006/174/1993 in land registry, Victoriaborg, Accra and being the parcel of land shown and edged pink on plan No.85/2007.
(b) Recovery of possession of the said piece or parcel of land;
(c) Damages for trespass to the said land; (d) Perpetual injunction against the Defendant, his servants, agents or whatever description they may be called, from interfering with the Plaintiff’s lawful occupation and enjoyment of her land;
(e) Costs occasioned by this action; and
(f) Any other just and equitable relief.”
The Plaintiff’s case is that she is a Ghanaian resident in Hamburg in the Federal Republic of Germany, who in the year 2004, acquired the land in dispute at Ashongman from one James Duvor, also of Accra.
Plaintiff claims she conducted the necessary searches to determine that there were no encumbrances on the land, registered the said land and was issued with a Land Title Certificate.
Plaintiff alleges that the Defendant encroached upon her land and started developing same, in spite of protests by the Plaintiff.
The Defendant in his Statement of Defence, claims that he purchased the land in dispute from James Duvor in 2007 and went into possession and erected a building on the land without any hindrance until Plaintiff interfered with his peaceful possession.
He therefore counterclaimed for:
“(a) A declaration that the piece of land being claimed by the Plaintiff rightly belonged to the Defendant;
(b) Perpetual injunction against the Plaintiff, her servants, agents from interfering with Defendant’s lawful occupation and enjoyment of his land;
(c) Costs” After taking evidence, the trial High Court gave judgement in favour of the Plaintiff on her claims.
It is against this judgement of the High Court that the instant appeal has been brought to this Court by the Defendant, on