June 1, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Anthony Oppong, J.A., dismissed Dr. Anthony Oppongs appeal from a High Court, Nsawam judgment in a land dispute at Teacher Mante. Oppong had obtained a 50-year lease (Exhibit A) from the Akyem Abuakwa Stool, but when he attempted to develop a hospital in 2016, the respondent resisted and asserted that his familys ancestors purchased the land in the 1800s with the concurrence of Okyenhene and had maintained long, undisturbed possession through family members and tenant farmers. The appellate court held that the appellant failed to prove his lessors root of title or mode of acquisition, did not join or call the grantor despite contested title, and provided only an attorneys testimony and the lease document. By contrast, the respondent proved possession and acts of ownership over decades, supported by testimony and Exhibit 2. Alleged inconsistencies were deemed minor. The court found that non-compliance with the trial courts composite plan order did not cause a miscarriage of justice. The appeal was dismissed, and the High Courts judgment was affirmed.
ANTHONY OPPONG, JA:
This appeal is against the judgment of the High Court, Nsawam. The judgment is dated 17th May 2021. As far as this delivery is concerned, the plaintiff/appellant will be simply called appellant and defendant/respondent will also be simply called respondent.
I will attempt to narrate the background facts as to what gave rise to the instant land litigation. Appellant is a medical doctor. He decided to construct a private hospital and as would be expected, he needed land to put up the hospital. He thought that his best bet would be an acquisition of land from no less a person than Osagyefo Amoatia Ofori Panin, Okyenhene of Akyem Abuakwah. Consequently, appellant, through Nana Mbeah, Mponiahene, was able to obtain a 50 year lease of 4.04 acre land lying and being at Teacher Mante in the Ayensuano District in the Eastern Region. A lease document was duly executed between Osagyefuo Amoatia Ofori Panin, Okyenhene of Akyem Abuakwa on one hand and appellant on the other hand. The lease document is dated 5th August, 2013. It was subsequently registered at the Lands Commission, Koforidua with registration RE 28/2014. It was also registered at the Deeds Registry as No. E.A. 18329.
In 2016, that is, three years after the execution of the lease, when appellant entered the land ready to develop same he was firmly resisted by respondent. The respondent caused the arrest of the appellant workers on grounds that appellant and his workers had trespassed on his land. Respondent asserted adverse interest in the land. It is the resistance of respondent that constrained appellant to sue respondent at the High Court, Nsawam wherein he claimed the declaration that the appellant is the owner of the land in dispute; perpetual injunction and costs.
Respondent contended that the disputed land did not belong to appellant’s lessor and that the land was bought by his ancestors from Nana Gyekye, Apedwahene with the concurrence of the then Okyenhene, Nana Ofori Atta I. Respondent contended further that:
“both the Apedwa Stool and the Abuakwa Stool divested themselves of any interest in the land. The defendant pleads “nemo dat quod non habet” rule”
It was the respondent’s case that the Lands Commission and the Deeds Registry were dishonest in registering appellant’s lease document because they had already registered the land for respondent with No RE 3529/09 and EA 120/12076 and Serial No. 364/2012 respectively.
The respondent mentioned overt acts of possession an