DORA BOATENG v. MCKEOWN INVESTMENT LTD
2020
SUPREME COURT
GHANA
CORAM
- ANSAH, JSC (PRESIDING)
- DOTSE, JSC
- MARFUL-SAU, JSC
- DORDZIE, JSC
- AMEGATCHER, JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Equity and Trusts
2020
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Dora Boateng purchased 20 acres at Okorase near Koforidua from Kwame Kissiedu Kwaasi in 2000 and registered her deed in 2014. After discovering encroachment, she sued; Mckeown Investment Ltd appeared, claiming title via Naggesten Farms’ acquisition of a larger tract from Larteh family members. The Circuit Court applied nemo dat to prefer Boateng’s earlier acquisition; the Court of Appeal reversed, holding Kwaasi lacked capacity and faulting Boateng’s due diligence. On further appeal, Justice N. A. Amegatcher, for the Supreme Court, held the Court of Appeal committed procedural error by admitting a second notice of appeal without leave and by entertaining “issues” rather than grounds, contrary to C.I. 19/C.I. 16 and precedents (Ex parte Aaba, In Re Asamoah). Substantively, the Court found overwhelming evidence that Kwaasi sold first to Boateng and later to Naggesten, recognized the interplay of equitable and legal titles, and restored the Circuit Court’s judgment, applying nemo dat and equitable/timeous challenge principles.
AMEGATCHER, JSC:-
The events leading to this appeal which has ended up at the apex court started its journey from the Circuit Court, Koforidua. Being a civil case, its upward movement was routed on appeal to the Court of Appeal. The parties wishing to take full advantage of all the legal avenues open to them did not end the journey at the intermediate appellate court. The fight continued by invoking our appellate jurisdiction as the final court in the land, hopefully to give this land dispute its quietus. One gentleman called Kwame Kissiedu Kwaasi is at the centre of this land dispute. The actual role the said Kwame Kissiedu Kwaasi played and his legal capacity will be a determinant factor in this appeal.
For Dora Boateng, the plaintiff, the facts of her case from the record reveal that she bought a 20 acre plot of land situate at Okorase near Koforidua from Kwame Kissiedu Kwaasi, who described himself as the Head of Family and lawful representative of the Kissiedu Kwaasi Family of a section of the Anonkore Clan. The deed to the plot of land was executed between the plaintiff and Kwame Kissiedu Kwaasi in 2000 and registered in 2014. The plaintiff who is ordinarily resident in Switzerland states that she returned to the country to find that her land was being encroached on by persons she could not identify. She put up warnings and caused announcements to be made within the vicinity. Since she could not trace the said persons, she commenced an action at the Circuit Court, Koforidua against “The Developers” claiming against them, ejection from the land and perpetual injunction restraining the defendant and its assigns from interfering with the land. After substituted service, Mckeown Investment Ltd, the defendant, entered appearance and contested the case to its finality.
Mckeown Investment’s Limited case is that it acquired a 46.98 acre land from Naggesten Farms. Naggesten Farms in turn acquired the plot of land from a family at Larteh to which Kwame Kissiedu Kwaasi, the plaintiff’s grantor belongs and is its secretary. This land is said to include the 20 acres of land claimed by the plaintiff and in dispute in this appeal. The defendant counterclaimed against the plaintiff for the relief of declaration of title to the land as well as perpetual injunction retraining the plaintiff and her assigns from interfering with the land.
The trial Circuit Court gave judgment for the plaintiff on 30th October 2015, holding that on the balance of probabilities, she w