April 27, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Georgina Mensah-Datsa, J.A., dismissed the appeal by a timber seller from Kasoa against a High Court judgment in favour of the land claimant, affirming title and awarding damages for trespass. The Respondent’s title derived from an assignment by Madam Beatrice Johnston, who had earlier leased the land from Ebusuapayin John Kofi Amokwandoh of the Twidan Family, with documentary support through exhibits A–D (indenture, lawyer’s letter demanding that trespass cease, official search at the Lands Commission, and a registered deed of assignment). The appellate court applied the appellate rehearing standard and endorsed the trial court’s reliance on nemo dat quod habet. It held the Appellant failed to particularize and prove alleged fraud under Section 13(1) of the Evidence Act. With identity of land clear and proper root of title established, the appeal failed entirely; the High Court’s judgment was affirmed.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Defendant /Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Cape Coast dated 12th October, 2020 in favour of the Plaintiff/Respondent (hereinafter referred to as Respondent).
The grounds of appeal are as follows:
1. That the judgment was against the weight of evidence
2. That the learned High Court Judge erred in law in over emphasizing (sic) indenture of the Plaintiff as against the issue of title.
The Plaintiff/Respondent instituted this action on 7/12/2015 against the Defendant /Appellant for the following reliefs:
a. Declaration of title as per schedule below: -
All that piece or parcel of land situate, lying and being at Gomoa Opeikuma in the Gomoa East District in the central region of the Republic of Ghana and starting from Pillar SGC B191/12/5running on a bearing of 296o25 ’23 ” at a distance of 13598.80 feet from SGC E087/15/1 to SGC E087/15/2 thence on a bearing of 297 o47 ’37 ”measuring 71.69 feet from SGC E087/15/2 to SGC E087/15/3 thence on a bearing of 029 o25 ’11 ” measuring 245.75 feet from SGC E087/15/3 to SGC E087/15/4 thence on a bearing of 122 o31 ’14 ”measuring 76.97 feet from SGC E087/15/4 to SGC E087/15/1 thence on a bearing of 210 o39 ’44 ”measuring 239.60 feet and having an approximate Area of 0.414 Acre or 0.168 hectare more or less in which piece or parcel of land is more particular delineated on the site plan attached hereto and thereon shewn edged pink.
b. Damages for trespass.
c. Recovery of Possession.
d. Perpetual Injunction.
The Respondent’s case is that the Appellant is a seller of timber products at Kasoa. He said the land on which the Appellant carries on his trade is the property of one Madam Beatrice Johnston, who acquired same from Ebusuapayin John Kofi Amokwandoh, the head of Twidan Family of Kumbe Gate of Gomoa Fetteh, same entered in record of Lands Commission, Central Region as Doc. No. CR263/2009 and Deeds registry as Doc. No. TF29/2011. He averred that when the Appellant purported to build a permanent structure on the land, Madam Beatrice Johnston wrote to the Appellant in August 2012 complaining about the trespass. According to the Respondent, in 2015, Madam Beatrice Johnston assigned her interest in the said land to him and after going through the processes has registered his documents as Doc. No. TF29/2011. According to him, it has recently come to his notice that the Appellant is developing the la