EMMANUEL JUSTUS BRIANDT v. NANA KWASI ANKRAH III
2024
SUPREME COURT
CORAM
- SACKEY TORKORNOO C.J., (PRESIDING), BAFFOE-BONNIE J.S.C., KULENDI J.S.C., ASIEDU J.S.C., GAEWU J.S.C
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
SUPREME COURT
CORAM
AI Generated Summary
On final appeal, the Supreme Court of Ghana, per Gaewu JSC with a separate concurrence by Kulendi JSC and the signatures of Sackey Torkornoo C.J., Baffoe-Bonnie JSC and Asiedu JSC, reviewed a land dispute in Springfield, Peduase involving grants by the Asona Family of Kitase, competing assertions by the Kitase Stool, and Lands Commission records in Koforidua. After the High Court struck out the appellant’s writ for repeated non-attendance and continued to hear the respondent’s counterclaim without serving hearing notices or affording cross-examination, it entered judgment for the respondent, which the Court of Appeal partially affirmed. The Supreme Court held that the High Court’s process violated natural justice and misapplied procedural rules, allowed the appeal, and ordered a retrial. Exercising its powers under Rule 22 of CI 16, it also set aside the refusal to relist so that both the appellant’s writ and the respondent’s counterclaim are reheard together, ensuring the appellant’s constitutional right to appeal and a full hearing are vindicated.
GAEWU JSC :
INTRODUCTION
a. My Lords, this is an appeal against the judgment of the Court of Appeal dated 22nd day of July 2021 which partially affirmed a judgment of the High Court, Koforidua dated 11th December
2019 granting the defendant/respondent/ respondent (hereinafter referred to as “the Defendant”) perpetual injunction, order directed at the Lands Commission, Koforidua, to expunge and delete from its records any purported registration made at the instance of the plaintiff herein, recovery of possession, general damages for trespass and legal fees and costs against the plaintiff/appellant/ appellant (hereinafter referred to as “the Plaintiff”).
BACKGROUND
The Plaintiff by a writ of summons issued and filed on 13th March 2015 claims against the Defendant:
1. Declaration of title to all that piece or parcel of land containing an approximate area of 1.64 acres situate in Springfield locality of Peduase in the Akwapim South District bounded on the north west by the vendor’s land measuring a distance of 226.1 feet more or less, on the north-east by vendor’s land measuring a distance of 404.1 feet more or less, on the south-east by vendor’s land measuring a distance 116.5 feet more or less and on the south-west by vendor’s land measuring 341.8 feet more or less.
2. A declaration that the Defendant’s interference with Plaintiff’s right to develop, use and enjoy his land is wrongful and an unlawful interference with his right to property.
3. Damages for wrongful and unlawful interference and trespass. 4. An order of perpetual injunction against the Defendant, his agents, privies, workmen or assigns from interfering with Plaintiff’s ownership of the land.
By his amended statement of claim filed on 20th October 2017, the Plaintiff who claim to be a businessman and owner of the land in dispute by virtue of a grant made to him by the Asona Family of Kitaase in 2009 which grant was later confirmed in a Deed of Grant made on the 13th of May 2010. That he later discovered that the said Asona Family had earlier made a grant of the said land to one Nana Korkor Ntim who is the Queen mother of Kitaase, who had had her ownership confirmed by an arbitration dated 1st February 1995 and a judgment of the Circuit Court in 2011. According to the Plaintiff he took immediate possession of the land upon the grant to him by fencing the entire land and putting up a small dwelling house on a portion thereof and putting it in the care of a caretaker. However, the Defe