2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this case, the Plaintiff/Appellant sued to claim ownership of a piece of land in Accra. During the trial, the original Plaintiff died, and his son was substituted. The trial court ruled against the Plaintiff, declaring his Land Title Certificate invalid. The Plaintiff appealed the decision, arguing that various legal errors were made by the trial court, including misconstruction of statutory provisions and failure to recognize certain evidences. However, the Court of Appeal affirmed the trial court's decision, ruling that the Plaintiff failed to prove his title to the disputed land, the statutory provisions were interpreted correctly, and that the Defendant met the required burden of proof for his counterclaim.
WELBOURNE (MRS), J.A.
This is an appeal against the judgment of the High court dated 9th May 2014.
The brief facts are that on 7th February, 2003, the Plaintiff/Appellant issued a Writ of Summons against the Defendant/Respondent in the High Court Accra, claiming ownership or title to a piece or parcel of land described as No.5 Block 7, Section 002, situate at Dzorwulu, Accra among other reliefs.
During the pendency of the action, i.e. on 5th July, 2004, the said Emmanuel Addo died.
Dela Addo who claimed to be the eldest child of the late Emmanuel Addo applied to be substituted for the late Emmanuel Addo.
It was the Plaintiff’s case that his father the original Plaintiff acquired the land from George Francis Lomotey in 1966.
Indeed in the description of the land being claimed by the Plaintiff among the boundary areas thereof, the Plaintiff categorically mentioned the Defendant on the side where the disputed land shares boundary with the Defendant’s land, it was stated that on the south by the property of Defendant herein measuring a distance of 85 feet more or less.
The Defendant entered appearance and filed a Defence and counter-claimed for the following reliefs:
a. An order of the court declaring as null and void ab initio the Land title Certificate No. GA 17799 in favour of the Plaintiff.
b. Any further orders as the Honourable Court would deem fit.
After the trial, judgment was entered in favour of the Defendant in the following terms: “Judgment is entered in favour of the Defendant accordingly Exhibit E, the Land Title Certificate Number GA 17799 is hereby declared invalid and same is cancelled by an Order of this court.
Defendant is awarded cost of GH¢8,000.00.” Dissatisfied with said judgment, the Plaintiff/Appellant has filed this appeal with the following grounds:
1. The judgment is against the weight of evidence.
2. The learned trial High Court Judge erred when he construed statutory provisions, specifically, the Survey Act 1962 (Act 127) and The Land Title Registration Law, 1986 (PNDCL 152) to occasion injustice to the Plaintiff/Appellant despite the existence of overwhelming evidence on record to the contrary.
3. The learned High Court Judge erred by failing to take into consideration to position of the law that the Defendant/Respondent has a burden to discharge in proof of his counterclaim.
4. The learned High Court Judge erred when he declared Plaintiff/Appellant’s Land Title Certificate No. GA 17799 an invalid and consequen