January 31, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal concerns a long-running land title and possession dispute over approximately 85.635 acres at the eastern side of Boi village, Greater Accra, between the Graham family and the Adutso family. The High Court dismissed the Graham familys action for declaration, recovery, injunction, trespass damages and costs, adjudging the Adutso family owners in possession. On appeal by re-hearing under CI 19, A. M. Dordzie, JSC, re-evaluated the record and emphasized a court-ordered composite survey plan (CE1) that showed the parties parcels largely distinct, with only a small overlap, and found the High Court ignored crucial documentary evidence, misinterpreted the 1900 will, and improperly found fraud without pleadings or proof. The majority allowed the appeal, set aside the High Courts judgment, declared title for the Graham family, granted recovery and a perpetual injunction, and awarded GH10,000 nominal damages for trespass. F. G. Korbieh, JA concurred; I. O. Tanko Amadu, JA dissented, concluding the appellants failed to prove a valid root of title.
A. M. DORDZIE, JSC:
This action is about a piece of land situate at East of Boi village in the Greater Accra Region. It is particularly described in the schedule to the writ of summons as “all that piece of parcel of land situate and lying at Boi in the Greater Accra Region of Ghana and containing an approximate area of 34.658 hectares (85.635 acres) more or less which is more particularly delineated on survey plan N0 Z5913 and covered by land certificate N0 GA 31351, VOL. 06 Folio138 dated 22nd December 2009”.
The plaintiffs contend they have been in peaceful possession of the property until the defendants forcibly entered, a few months before the institution of the action and started selling off portions of the property to third parties. The plaintiffs therefore instituted an action in the High Court, Lands Division on the 12th of November 2013 for the following reliefs:
a) Declaration of title to the parcel of land as described above.
b) Perpetual injunction restraining the defendants, their agents, assigns, privies, workmen and servants from dealing with the land in any way detrimental to the interest of the plaintiff.
c) Recovery of possession
d) Damages for trespass
e) Cost.
The summary of facts averred to by the plaintiffs in the statement of claim to support their claims are that they are owners in possession of the parcel of land described in the writ. It was bequeathed to the plaintiffs by their late father Reverend Joseph Eric Graham. The said property had been the property of their great grandmother Berginia Briandt until her death on the 13th of October 1902. In a will dated 25th of May 1900 she bequeathed her estate which includes the land in dispute to her relatives including their grandmother Christiana Ayao Fliendt. After the death of Berginia Briandt the property devolved to their grandmother and subsequently to their father.
Their late father Reverend Joseph Eric Graham caused the land to be plotted and registered at the Lands Commission Secretariat, when the Land Title Registration Law was passed their father got the Land registered with the Land Title Registry and was issued with a Land Title certificate. Their father devised the property in his will to them the plaintiffs. Title passed on to them when their father died. They had been in undisturbed possession of the land just as their ancestors for over 100 years. In early 2013 the defendants trespassed on the land and started laying adverse claims. The defendants have engage