CONSTANCE GYANTUAH v. AGNES BAAWAMIA
2018
COURT OF APPEAL
GHANA
CORAM
- OWUSU, J.A. (PRESIDING)
- AYEBI, J.A.
- SOWAH, J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involved a dispute over land ownership in Accra, where the plaintiff, Constance Gyantuah, claimed ownership based on a purchase receipt from 1988, while the defendant, claiming to have purchased and developed the land later, disputed this. The trial court ruled in favor of the plaintiff, finding that the evidence supported her claim of prior purchase and development. The defendant appealed on several grounds, including the weight of evidence and legal inferences. The appellate court upheld the trial court's decision, noting the appellant's failure to prove the alleged errors and lack of capacity claims. The doctrines of
SOWAH, J.A.:
This is an appeal from the judgment of the High Court, Accra, dated 4th December 2014 by which the learned trial judge entered judgment for the plaintiff in respect of all the reliefs endorsed on her writ of summons as amended on 14th March 2013; namely, a declaration of title to all that piece or parcel of land situate, lying and being at Ashalebotwe, Accra occupying an area of 0.23 acre and on which plaintiff’s two-bedroom house is located, Perpetual injunction restraining the defendant, etc. from dealing in any way with the land, including further occupation of same, Recovery of possession and Damages for trespass. Costs in the sum of GH₵1,000 were also awarded in plaintiffs favour against the defendant.
The defendant’s counterclaim for Declaration of title to the land in dispute, an order of perpetual injunction restraining the plaintiff, etc. from trespassing unto or interfering with the defendant’s quiet enjoyment of the land more particularly described in paragraph 6 of the statement of defence and Cost were dismissed.
Background Facts
The plaintiff who is said to be ordinarily resident in the UK initially sued three Defendants on 29th March 2011 per her lawful attorney Frederick Agyekum Wiredu. That writ sought declaration of title, perpetual injunction, recovery of possession, damages for trespass and an order of specific performance directed at the 2nd defendant who according to the plaintiff had failed to issue an indenture covering the land as he had promised. That writ was amended to indicate a proper address for the plaintiff as required by the Rules of Court. Thereafter, the plaintiff discontinued against the 3rd defendant Nana Kwesi Eduam, with the reason that he had agreed to testify for the plaintiff. In a second amendment made pursuant to leave granted by the court on 7th March 2013, the action against B. K. Dsane, the 2nd defendant was discontinued as he had died and there was no-one to substitute. The writ was with leave, also amended to reflect the change in the title of the suit occasioned by the revocation of the power granted to Frederick Agyekum Wiredu and the appointment of Richmond Aidoo as the lawful attorney.
Plaintiff's Case
The plaintiffs' case was that B. K. Dsane, the erstwhile 2nd defendant had sold the land in dispute to her in 1988 and given her a receipt with a promise to prepare an indenture for her. Nana Kwesi Eduam had been introduced by B. K. Dsane. She had put up a two-bedroom house on the land