DOVE v. WUTA-OFEI
1966
SUPREME COURT
GHANA
CORAM
- SARKODEE-ADOO C.J.
- APALOO
- SIRIBOE JJ.S.C
Areas of Law
- Property and Real Estate Law
- Civil Procedure
1966
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the plaintiff seeking to set aside a possession order favoring the defendant regarding land in Accra, invoking the Land Development (Protection of Purchasers) Act, 1960. Despite losing previous litigation over this land, the plaintiff argued that he acted in good faith when building on it, supported by assurances and official releases from the Government. The High Court ruled in favor of the plaintiff, determining that his belief in his title was honest and reasonable, thus recognizing him as the owner. The appeal upheld this decision, concluding that no injustice was caused to the defendant, who had benefited from the property without incurring expenses.
JUDGMENT OF SIRIBOE J.S.C.
This is an appeal from the judgment of Akainyah J. (as he then was) delivered on 10 December 1962, in favour of the plaintiff-respondent (hereinafter referred to as plaintiff). The plaintiff’s claim against the defendant-appellant (hereinafter referred to as the defendant) is as follows:
"(1) An order of the court under the Land Development (Protection of Purchasers) Act, 1960 (Act 2), setting aside the order for possession made by the Land Court, Accra, (van Lare J.) dated 2 September 1955, and confirmed by the judgment of the West African Court of Appeal dated 29 November 1956, and by the Judicial Committee of the Privy Council dated 24 July 1961, in favour of the defendant herein against the plaintiff herein in respect of the property described in the schedule hereunder.
(2) A consequential order declaring the plaintiff the owner of the said property."
The schedule referred to states as follows:
"All that piece or parcel of land together with the buildings thereon situate lying and being at Christiansborg, Accra, and bounded on the north by land belonging to Eva Buckman (sometimes erroneously reputed to belong to J. B. Danquah) measuring 205 feet more or less, on the east by Osu stool land measuring 150 feet more or less and on the west by Cantonments Road and measuring 160 feet more or less."
[p.302]
As the wording of the present claim indicates, the plaintiff lost to the defendant, then the plaintiff, in a previous action involving the same land the subject-matter herein. In that case the trial court, presided over by van Lare J. (as he then was), gave judgment for the defendant on her claims for (a) declaration of title, (b) recovery of possession and (c) perpetual injunction.
On appeal to the West African Court of Appeal, however, the judgment obtained for the declaration of title was set aside, leaving that for the recovery of possession and injunction, against which the plaintiff unsuccessfully appealed to the Judicial Committee of the Privy Council.
The setting aside of the declaration of title, I should like to observe, is not of material consequence to the present proceedings, as by the nature or effect of the aforementioned judgments, it was made perfectly clear that the plaintiff, as he is entitled to do, brought the present action under the Land Development (Protection of Purchasers) Act, 1960,1 because, it is not denied that he had erected buildings on the land in respect of which the order for possessi