2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal from the High Court of Ghana concerns a dispute over a 0.26-acre parcel at Odorkor-Tsuim, Accra. The plaintiff claimed a 99-year grant from the Gbawe Tawiah family in 1981 and sought title, possession, damages, and injunction after discovering in 1988 that the Odorkor Muslim community had occupied the land and erected a mosque. The defendant, Abdul Lamin (aka Ataa Boye), traced occupation to an Odorkor Mantse grant about 50 years prior, later confirmed by Asere Mantse authorities, and referenced interactions with the Lands Commission and the Gbawe Kwatei family. The trial judge found the plaintiff’s grantor had title but dismissed the case under the Limitation Act for adverse possession beyond twelve years, awarding costs. On appeal, Justice V. D. Ofoe, with Justices Merley A. Wood and S. R. Bernasko Essah concurring, held that the plaintiff’s own pleadings and testimony showed knowledge since 1995, rendering the 2016 suit statute-barred and making other grounds immaterial.
V. D. OFOE, J.A.
Plaintiff’s claims he file before the trial High Court on the 3rd of June 2016 were for the following reliefs:
“A declaration of title to all that piece or parcel of land situate and being at Odorkor-Tsuim, Accra containing an approximate area of 0.26 acre land more or less and bounded on the North East by Lessor’s land measuring 105 feet more or less, on the south west by a proposed road measuring 113.9 feet more or less, on the south west by a proposed road measuring 94.2 feet, more or less on the North west by lessor’s land measuring 123.1 feet more or less which was stamped as No. LVD GAST 3218/2016
b. An order for recovery of possession
c. An order for damages for trespass
d. An order for perpetual injunction to restrain the defendants their agents, assigns, privies or servants from continued interference with the plaintiff’s land
e. Cost”
The basis of his claim as averred to in his pleadings are that in 1981 he had a grant of this land from the Gbawe Tawiah family for 99 years. Upon her return from travel out of the jurisdiction in 1988, she found that the defendants had occupied the land with temporary structures which they were using as a mosque and given a portion to mechanics. She confronted the then head of the Gbawe Tawiah family, her grantors, but had no convincing explanation. This was in 2009. It was the current chief of Odorkor-Twuim who advised her to seek redress in court.
The defendant on his part claimed the land was acquired by their predecessors for the Muslim Community at Odorkor about 50 years ago from the Odorkor Mantse, Nii Sackeyfio. This grant was confirmed by Nii Akramah II and his successor Nii Olai Amontia IV as the Asere Mantse. It is his case that the Muslim group, which had been led by various persons through the years, took over this vacant land after purchase and erected a wooden structure on it and has been using it as a place of worship till date. When they decided to register the land they approached Nii Nikoi Amontia the then head of Asere who gave them an indenture to the land and also wrote to the Executive Secretary of the Land Commission confirming the grant made to them by Sackeyfio, the Odorkor Mantse from whom they had their earlier grant. Subsequently they were informed at the Lands Commission that the Gbawe Kwatei family had obtained judgment over the whole area including their land. This led them to the Gbawe Kwatei family who granted them a new indenture. The defendant believes his