EDWARD MENSAH DARPOH v. TEYE AKRONG& ORS
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, J.A. (PRESIDING)
- ACQUAYE, J.A.
- WELBOURNE(MRS), J.A.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves an appeal against a High Court judgment that dismissed the plaintiff’s claim for title to land and associated reliefs in Prampram. The plaintiff asserted ancestral ownership and accused the defendants of fraudulent registration of the land. The trial court found that the plaintiff failed to prove the identity and boundaries of the disputed land, leading to the dismissal of his claims. On appeal, various issues were raised including errors in proving identity and boundaries, misapplication of the evidentiary burden, and wrongly awarding judgment to the defendant who did not counterclaim. The appellate court upheld the trial court's findings on the plaintiff’s failures but found error in awarding judgment to the defendant without a counterclaim. Other grounds of appeal, including the award of costs and the amendment of the plaintiff’s name were dismissed.
ACQUAYE, J. A.
This is an appeal against the judgment of a High Court in Tema delivered on 5th September 2013 which dismissed the plaintiff’s claims for title to land among others and awarded judgment in favour of the 1st defendant.
The background leading to this appeal are that the plaintiff/appellant issued a writ of summons claiming against the defendants/respondents:
1. A declaration of title to all that piece or parcel of land situate at Prampram covering an area of 704.30 hectares bounded as follows: On the North by Nmao lands measuring 5070.2 feet, on the North-east by Gberbie Ayiku Family lands measuring 9011.9 feet, on the South by Mandela Road measuring 1758.5 feet and on the West by Metso lands measuring 11438 feet more or less, same of which is more specifically captured on the relevant site plan to be exhibited at the appropriate time
2. Recovery of possession
3. Damages for trespass
4. Perpetual injunction
5. An order directed at the Lands Commission and its Executive Secretary to expunge from their records the purported registration on 23rd March 2003 of the subject matter lands in the name of Teye Akrong, same being irregular and unlawful.
6. An order directed at the Lands Commission and its Executive Secretary to produce all records on the purported registration of the leasehold interest created by Teye Akrong and granted to Teye Akrong for verification and cancellation.
The plaintiff sued in his capacity as the head of the Charwenya Clan of Pampram, whose ancestors originated and migrated with their compatriots, the Larkpley clan from Northern Nigeria and settled at Pampram.
It was the plaintiff’s case that his ancestors founded and settled on the land in dispute and remained in undisturbed possession before war broke out among the Shai people in 1726 when many people including the 1st defendants Kle clan ran away and took refuge at Prampram.
According to the plaintiff the history of Prampram is well known and recorded in the Reports of Prince J. Jackson, the Commissioner appointed by the Colonial Gold Coast Government to look into matters of land disputes among the Shai’s and Ningos etc.
The plaintiff averred that he had peacefully superintended over his clan’s parcel of land and together with his elders had been granting portions to interested persons.
Recently when his grantees went to register their lands they discovered through searches that the 1st defendant in collaboration with the 2nd defendant had registered a