2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision arises from a land dispute over Plot 23, Block C at Mamponteng Mile 9, along the Kumasi–Mampong road. Kofi Nti Anning, through his attorney Kwame Boahen, secured a 99‑year lease from the Lands Commission after learning that the strip adjacent to the road was public land acquired under the Road Appropriation Ordinance of 1902. The Defendants, linked to Mile 9 Enterprise and the late Kwaku Duah Twum, asserted the plot formed part of their 4.8‑acre holding leased from the Mamponteng Stool. On appeal, the Appellants advanced thematic complaints about the Trial Judge’s failure to involve the Ghana Highway Authority, the Plaintiff’s alleged failure to prove boundaries, and non‑consideration of DW1; they also challenged attorney capacity and the effect of statutory repeal. Evaluating documentary evidence, constitutional vesting, and the Evidence Act standards, the Court held the land is State land, the Lands Commission’s lease is valid, the Plaintiff proved the land’s identity, and the counterclaim fails, affirming the Circuit Court.
POKU-ACHEAMPONG, J.A.:
The Appellants in this case dissatisfied with the judgment of a Kumasi Circuit Court, (KMA) delivered on 30/8/18 have filed an appeal on the sole ground that the judgment was against the weight of the evidence.
The Appellants gave an indication that additional grounds of appeal will be filed subsequently but no such additional grounds were filed.
In this judgment the parties shall retain their designations used at the Trial Court.
The Plaintiff brought the instant action against the Defendants on 25th April 2012 per a writ of summons and Statement of Claim which writ was amended on 25th April 2017 for the following reliefs:
(a) A declaration of title to Plot number 23 Block C Mamponteng
(b) Damages for trespass
(c) Recovery of possession
(d) Perpetual Injunction restraining the Defendants, their Agents, Assigns and all those claiming title through them.
The Defendants filed a Statement of Defence and counterclaimed for the following:
1. A declaration that the residential plot (building land) and the dwelling house or premises thereon erected both numbered and commonly known as H/No Plot 23 Block “A” Mamponteng Ashanti and forming part of a large expanse of land delineated in paragraph 3 of the Statement of Defence are the properties of Kwaku Duah also known as Kwaku Duah Twum (deceased) and form part of his estate to the exclusion of all others.
2. An order for the recovery of possession, control, use, and management of the properties mentioned and described in relief one (1) above.
3. Damages for trespass and an order for payment of Defendants cost of the litigation.
4. An order for the cancellation expungement and removal from the Records of the Deeds Registries and Offices of the Public and Vested Land Management, Land Title Registration Office Kwabre District Assembly and the Mamponteng Traditional Council respectively, the alleged Lease agreement purportedly made between the Government of Ghana and the Plaintiff and fraudulently and wrongfully registered together with all the Title Deeds and documents of ownership falsely claimed to have been made and executed in the Plaintiff’s name and in his favour so far as such documents touch, concern and relate to the subject property (Plot 23, Block “C”, Mamponteng-Ashanti) in litigation herein or any portion thereof or at all.
5. An order of Perpetual Injunction forever restraining and prohibiting the Plaintiff whether acting by himself, privies, customary successors,