FIAKLU v. ADJIANI AND ANOTHER
June 5, 1972
COURT OF APPEAL
CORAM
- ARCHER JJ.A.FIAKLU v. ADJIANI AND ANOTHER
- SOWAH
- APALOO J.S.C
Areas of Law
- Property and Real Estate Law
- Equity and Trusts
- Civil Procedure
- Tort Law
June 5, 1972
COURT OF APPEAL
CORAM
AI Generated Summary
This appeal arose from a High Court decision dismissing a claim by a purchaser of Kokomlemle land whose root of title traced to a 1952 grant by the Korle priest, Numo Aryitey Cobblah, to Kodjo Sodole and a subsequent conveyance from Sodole to the plaintiff. The plaintiff entered into possession, planted coconut trees, and fenced the land, while the defendant later obtained a conveyance joined by the Ga, Gbese, and Korle stools and built on the land. Applying Golightly v. Ashrifi, the appellate court held that outright alienation of Kokomlemle lands requires prior consent of the Ga and Gbese stools; the Korle priest acting alone is incompetent to convey absolute title. The court found the plaintiff’s conveyance void ab initio and his possession subordinate to the defendant’s superior title. Although Apaloo J.S.C. expressed sympathy and suggested costs against the Korle stool, the court unanimously dismissed the appeal.
JUDGMENT OF SOWAH J.A.
This is an appeal from the judgment of the High Court, Accra, which dismissed the plaintiff’s claim for a declaration of title to a piece of land in Kokomlemle on the premise that his title was defective, invalid and incapable of sustaining the reliefs sought.
The facts of the case were extremely simple. By a deed of conveyance dated 15 February 1952, the Korle priest acting "with the knowledge concurrence and consent of the principal elders and members of the said Korle We family" made a grant by way of a gift of a piece or parcel of land, a portion of which was the subject-matter of this suit to one Kodjo Sodole. The Korle priest was described in exhibit X as being "seised at date hereof for an estate in fee simple free from all encumbrances and is otherwise well and truly entitled to the land hereafter described." The conveyance was executed by the Korle priest and attested to by some of his elders. By another deed of conveyance dated [p.211] 11 November 1952, Kodjo Sodole purported to transfer his title to the plaintiff herein, went into possession, built a swish building and planted coconut trees on the land.
About 1962 the plaintiff observed that building operations were being carried on and his inquiries disclosed that the defendant was the person disturbing his quiet enjoyment of the land. Accordingly, he caused a writ to issue against the defendant claiming:
"(i) a declaration of title to all that piece or parcel of land situate, being and lying at south west Kokomlemle—Accra and which was conveyed in fee simple to the plaintiff as purchaser for value, vide instrument No. 19/1953 in the Deeds Registry of 3 January 1953;
(ii) one hundred pounds (£G100) damages for trespass to the said land; and
(iii) perpetual injunction restraining the defendant, his agents, and/or servants from committing further acts of trespass to the said land."
The defendant's version was that in 1962 he approached the Korle priest, the Gbese and Ga stools and offered to purchase the disputed land which was vacant, unoccupied and weedy. After negotiations, he obtained a conveyance from the three stools and proceeded with his building. He denied finding any swish building on the land except numerous coconut trees in the area which were not confined to the land in dispute. There was also nothing indicating a prior occupation by any person.
The pleadings of the parties recited the facts as stated above. Upon an application by the Korle priest, he