SAM QUARSHIE v. EDDIE KUSI ANKOMAH
2021
COURT OF APPEAL
GHANA
CORAM
- DZAMEFE, JA (PRESIDING)
- GAISIE, (MRS) JA
- ARYENE (MRS), JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Justice Senyo Dzamefe, affirmed a High Court Lands Division judgment in a land dispute over a Shiashie, Accra parcel. The plaintiff obtained a 99‑year lease from the Apantse We family in 1999, represented by Nii Tetteh Opemreh II, registered the interest in 2002, and placed Isaac Budu and other occupants on the land from 2000. In 2016, the defendant entered the land using land guards, claiming overlap and road encroachment, relying on police‑initiated composite plans and AMA inspections. The trial court declared title, granted a perpetual injunction, and awarded damages for trespass and costs. On appeal (weight of evidence), the court held the composite plan carried no weight without the surveyor’s testimony; expert evidence is only a guide; the plaintiff’s Land Title Certificate benefitted from the presumption of regularity; limitation extinguished rival claims after twelve years of adverse possession; and the defendant’s unstamped indenture was inadmissible. The appeal was dismissed.
DZAMEFE, JA
This is an appeal launched by the defendant/respondent against the judgment of the High Court Lands Division, Accra dated 19th October 2018. The plaintiff/respondent hereinafter simply referred to as the plaintiff issued a writ against the defendant/appellant also simply referred to as the defendant for the following claims; -
a. A declaration of title to all that piece and parcel of land situate lying and being at Shiashie-Accra and bounded on the North by proposed road measuring 55 feet more or less, on the East by Lessor’s land meaty; sing 95 & 90 feet respectively more or less and on the North by Lessor’s land measuring 80 feet more or less on the South by Nii Yemo close measuring 135 feet more or less on the South West by proposed road measuring 65 feet more or less on the West by proposed road measuring 70 feet more or less on the North West by Proposed road measuring 65 feet more or less and containing an approximate area of 0.49 acre which land as registered by plaintiff at the Land Title Registry covers all that piece and parcel of land in extent 0.19 hectare (0.46 of an acre) more or less being parcel No. 51, Block 28, Section 113 situate at Shiashie in the Greater Accra Region of the Republic of Ghana and more particularly delineated on the Registry Map No.001/113/1992 in the Land Title Registry.
b. An order of perpetual injunction restraining defendant, his agents, servants, assigns and privies and all such persons however called from entering upon, interfering with plaintiff’s right, interest, possession and ownership and for that matter plaintiff’s quiet and peaceable enjoyment of all that piece and parcel of land described in (i) above.
c. Damages for trespass to plaintiff land described in (i) above.
The plaintiff in his statement of claim averred that in the year 1999, he acquired a leasehold interest in the land in issue from the Apantse We family of Shiashie. A leasehold instrument dated 1st day of September, 1999 to evidence this interest was prepared between the Apantse We family represented by its lawful representative Nii Tetteh Opemreh II on one part and the plaintiff on the other part, for a period of 99 years, thus ending in 2098.
Plaintiff avers also that his lessors right and ownership of the land in issue was confirmed by a judgment of this court dated the 20th of April 1999 as well as a Land Certificate Number GA 14025 Vol. 01 filed 19 dated the 17th day of September 1999.
Plaintiff aver further that upon th