DR OSBERT NYARKO ADJEI vs DANIEL MCKORLEY

KULENDI JSC.

INTRODUCTION:

1. We have before us an appeal against the judgment of the Court of Appeal dated the 29th of June, 2022 wherein the Court of Appeal coram: Dennis Adjei, Bartels Kodwo JJA. (as they then were); Eric Kyei Baffour J.A, reversed the decision of the High Court delivered on the 17th of July, 2019 coram: His Lordship Justice Anthony-Oppong.

2. For ease of reference, we shall maintain the original designations of the parties and refer to them as Plaintiff and Respondent respectively.

PLAINTIFF’S CASE

1. By an amended Statement of Claim filed on the 25th of April, 2016, the Plaintiff averred that around 30th of September, 2006, he obtained a leasehold interest for Ninety-Nine (99) years in respect of two plots of land measuring 0.553 acres, granted by Nii Sodjah Obodai, acting in his role as Acting Chief of Mpehuasem, situated at East Legon Extension, Accra. This leased property was identified by the Plaintiff as Plots 1 and 35.

2. The Plaintiff claims that construction commenced at both ends of these two plots, intentionally leaving the central portion undeveloped, earmarked specifically for the future construction of a medical clinic. Subsequently, the Plaintiff alleges that the Defendant unexpectedly entered the land and initiated the construction of a fence wall around this central section. The Plaintiff's attempts to prevent the encroachment resulted in his lodging a report at the Legon Police station, ultimately culminating in the arrest of the Defendant’s workers.

3. According to the Plaintiff, efforts by the police to mediate and resolve the dispute proved unsuccessful. Furthermore, the Plaintiff states that during proceedings at the Police Station, an indenture was presented bearing the Defendant's name, purportedly indicating his ownership of the disputed property.

4. The Plaintiff contests the authenticity of this indenture, alleging fraud under multiple particulars articulated in paragraph 9a of his Statement of Claim, that:

i. Nii Sodjah Obodai expressly denied ever executing such an indenture in favour of the Defendant.

ii. Emmanuel Torgbor, purportedly a witness to the execution of the indenture by Nii Sodjah Obodai, denied having witnessed any such transaction.

iii. The signature purportedly belonging to Nii Sodjah Obodai on the Defendant's indenture was forged.

iv. A Police forensic examination further confirmed that Nii Sodjah Obodai could not have executed the indenture relied upon by the Defendan