DAVID LARTEY KWAO and ANOTHER v. NAI BAALEIFI
April 30, 2009
COURT OF APPEAL
GHANA
CORAM
- ASARE KORANG J.A. (PRESIDING)
- AYEBI J.A.
- ADUAMA OSEI J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
April 30, 2009
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
AYEBI J.A., writing for the Court of Appeal, dismissed the appeal by the appellants who sought declarations, damages for trespass, and an injunction over a 0.11 acre parcel at La. The court concluded the present claim overlapped land previously adjudicated in Suit No.103/91, where the Circuit Court declared Madam Elizabeth Ntang Nelson, grantee of the La Stool through Nii Anyetei Kwakwranya II, owner of the disputed land. Appellants failed to establish a distinct root of title and clearly identify the specific 0.11 acre, tendering an unauthenticated site plan and not showing boundaries to the court-appointed surveyor. The court held estoppel barred re-litigation of ownership, and that reliance on the prior judgment was proper. The surveyor’s observations and transfer-of-suit objections did not alter the outcome. With the concurrence of ASARE KORANG J.A. and ADUAMA OSEI J.A., the appeal was dismissed.
AYEBI J.A.
The judgment appealed against in this civil appeal was delivered by the Circuit Court, Accra on 20th March 2002 in favour of the defendant/respondent.
The reliefs which the plaintiffs/appellants claimed at the trial are:
(a) A declaration that the piece of land described in the statement of claim was not adjudged to belong to the defendant in suit No.103/91, Circuit Court, Accra.
(b) A declaration of title to the said piece of land in favour of the plaintiffs.
(c) General damages for trespass.
(d) An order of perpetual injunction restraining the defendant, agents, servants, assigns or persons claiming through her.
In paragraph 16 of the statement of claim, the land is described as “situate at La in the Greater Accra Region of the Republic of Ghana and is bounded on the North by proposed road measuring 110’ more or less, on the South by grantor’s land measuring 70’ more or less, on the East by grantor’s land measuring 20’ more or less and on the West by proposed road measuring 70’ more or less and containing an approximate area of 0.11 acre” It is right away seen that the claim of the appellants in this suit is based on an earlier claim in respect of a piece of land decided upon by another Circuit Court in the suit referred to.
In that suit No.103/91, the plaintiff/appellants herein sued Madam Ntang Nelson, since deceased and now substituted by the defendant/respondent herein for:
1. A declaration that the plaintiffs are the owners of the piece or parcel of land described in the schedule annexed thereto.
2. General damages in the sum of ¢2 million for trespass.
3. An order of perpetual injunction.
In the schedule annexed the land was described as: “All that piece or parcel of land situate, lying and being at La, Accra, containing an approximate area of 0.22 acre bounded on the North by proposed road measuring 110’ more or less, on the South by vendor’s land measuring 70’ more or less, on the East by vendor’s land measuring 140’ more or less and on the West by proposed road measuring 130’ more or less” This description of the land is culled from an unregistered indenture between Odoi Din and I. L. Dokuh executed on 10th November 1964 tendered in that suit.
In that suit the defendant therein Madam Elizabeth Ntang Nelson resisted the claim of the plaintiffs and counter-claimed for the same reliefs.
In support of her claim for declaration of title in particular, she tendered a registered indenture on the piece of land granted her by