EMMANUEL OFORI & ORS v. EMMA OKWESIE
2017
COURT OF APPEAL
GHANA
CORAM
- ACQUAYE, J.A (PRESIDING)
- DZAMEFE, J.A
- M. AGYEMANG, (MRS.) J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2017
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On appeal from the High Court (Land Division), the Court of Appeal, per Senyo Dzamefe, JA, set aside a judgment awarding reliefs to Emmanuel Ofori and the 2nd plaintiff concerning land at Adzoate Street near Asanka Local, Osu. The plaintiffs traced title from their grandfather Rudolf Nelson Ofori Cofie’s 1948 grant and instruments vesting and partitioning the land between Samuel Henry Obido Ofori and Elizabeth Chardey Yartey. The defendant claimed purchase from Elizabeth via agent Ernest Debrah, possession, prior success against Emmanuel Okine Adjetey, and raised estoppel, laches, and indefeasibility under the Land Title Registration Act (PNDCL 152). The appellate court resolved the case on the threshold issue of capacity, finding that the 1st plaintiff was misdescribed in Exhibit ‘B’ Letters of Administration and therefore not an administrator, and that the 2nd plaintiff’s power of attorney had been rejected. Applying Supreme Court authority, the court held the writ and proceedings were nullities and allowed the appeal.
DZAMEFE, JA
The plaintiff/respondent hereinafter referred to as the plaintiff issued this writ against the defendant/appellant for the following reliefs:
1. An order that the disputed land described in paragraph 6 of the statement of claim belongs to the late Samuel Henry Obido and his sister the late Elizabeth Chardey Yartey.
2. Recovery of possession.
3. Damages for trespass.
4. Perpetual injunction to restrain the defendant or her agents and assigns from interfering with the disputed land.
5. An order to cancel the Land Title Certificate No. GA 16774 Folio 502 Vol.12 purported to have been issued to the defendant.
The 1st plaintiff’s is the Administrator of the Estate of the late Samuel Henry Obido Ofori while the 2nd plaintiff is the 6th born of the deceased.
The plaintiffs described the defendant as a trespasser on the plaintiff’s family land at Adzoate Street near Asanka Local Osu, belonging to their grandfather Rudolf Nelson Ofori Cofie. The plaintiffs case is that their grandfather acquired the land from the Osu Alata Stool represented by Nii Kwabena Bonne of Osu Alata Mantse per grant dated 26th day of August 1948 and Registered at the Deeds Registry as No.903/1948 with the necessary description of same.
The plaintiffs aver further that on the death of their grandfather, Samuel Henry Obido Ofori was granted the Letters of Administration (LA) and he vested the property in himself on 5th February 1975 and registered same as No.1750/1975. In 1976 another conveyance was made between Samuel H. O. Ofori and his sister Elizabeth Chardey Yartey dated 4th June 1976 and registered as No.2216/76.
In 1978, the then head of the Cofie family of Osu, William Tetey Ayeetey made a Statutory Declaration vesting the disputed land in Samuel H. O. Ofori and his sister Elisabeth Chardy Yartey which was registered at the Deeds Registry as No.4652/1978. Again in 1979 another document was prepared and registered as No.1855/1979 partitioning the land between Samuel H. O. Ofori and his sister Elizabeth C. Yartey. They both died in 1981 and 2002 respectively.
It is the plaintiffs case that in June 2011, they saw some people constructing a fence wall on the land and putting an iron gate. When they challenged them they claimed they had bought the land and had a court judgment in respect of the land. They also claimed they have a Land Title Certificate covering the land. The plaintiffs aver their late father and sister never sold the land before their death henc