April 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Plaintiff Francis Damesi sued 1st Defendant Hugh P. D. Kwablah and 2nd Defendant Tema Development Corporation (TDC) seeking specific performance to secure transfer of two acres at Kpone Barrier. Damesi relied on receipts issued in 2001 and 2004, ground rent payments, a site plan and applications for transfer to TDC. The Circuit Court found that the 1.81-acre area overlapped what Kwablah had sold and what Damesi had developed, ordered TDC to transfer title within three months, dismissed Kwablahs counterclaims and awarded costs. TDC appealed, contending the judgment was against the weight of evidence, that Kwablah only had a limited agricultural tenancy and could not pass title, and that there was no privity with Damesi; it also raised jurisdictional concerns. Writing for the Court of Appeal, Welbourne J.A. reviewed the record de novo, held Kwablah had disposed of his interest for value and was estopped by acquiescence, applied constructive trust principles, rejected privity and jurisdiction arguments, dismissed all grounds and affirmed the orders for transfer, awarding costs to the Respondent.
WELBOURNE, J.A
This is an appeal against the judgment of the High Court dated 10th July 2018. The judgment of the court spanned from pages 183-214 of the record of appeal. The Notice of Appeal can be found at pages 216-217. In this appeal the Parties will maintain their descriptions as in the court below. The Record of Appeal will be referred to as the record.
The Brief Facts
The facts of this case which has cumulated into the instant appeal as gleaned from the pleadings of the parties are as follows:
The Plaintiff claimed for specific performance directed at the 1st Defendant to prepare the transfer documents covering two acres of land situate at Kpone Barrier to Plaintiff and an order directed at the 2nd Defendant to transfer the plots of land into the name of Plaintiff.
The Plaintiff resides in Ashaiman, Lebanon. The 1st Defendant resides at Community 10, Tema and the 2nd Defendant is a statutory body dealing in housing.
In 2002, the Plaintiff paid Sixteen Million cedis (Ghȼ1,600) to the 1st Defendant. The Plaintiff says that the 1st Defendant sold one acre of land at the same place in 2004 to him.
The Plaintiff avers that the TDC has since granted portions of the land to the 1st Defendant but all effort to get 1st Defendant to transfer the Plaintiff’s portion into the name of the Plaintiff has failed. It is the case of the Plaintiff that the 2nd Defendant must be ordered to transfer the two acres of the land out of the 10 plots granted by 2nd Defendant to the 1st Defendant into Plaintiff’s name.
Per its statement of claim, the Plaintiff avers that the plots of land granted by the 1st Defendant to the Plaintiff are as follows:
Plot Nos. 58, 59, 60, 61, 62, 63, 64 and 65 which are located at the Kpone Barrier. The Plaintiff has established his company on the said land and requires documents covering the land. He therefore seeks reliefs as stated above.
The of 1st Defendant in his defence stated among others that the plaintiff is a farmer engaged in the production of poultry and fish meal.
Save admitting that 1st Defendant granted a farming tenancy to Plaintiff to use for the production of chicken feed at a total consideration of Three Thousand Two Hundred Ghana cedis (GHȼ3,200.00). Paragraphs 4 and 5 of Statement of Claim are all denied and the Plaintiff put to strict proof
1st Defendant avers that on or about 3rd June, 1975, he was granted a farming land measuring 14.69 acres by the 2nd Defendant for a period of Ten (10) years.
The grant o