AUGUSTINA QUAYE & ANOTHER v. GEORGE FIANKO SACKEY & ANOTHER
2016
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, J.A. (PRESIDING)
- K. A. ACQUAYE, J.A.
- WELBOURNE (MRS.), J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs/respondents in this case sought a declaration of title to land and a house, an injunction, and damages for trespass against the defendants/appellants. The High Court ruled in favor of the plaintiffs, but the defendants appealed, primarily challenging the capacity of the plaintiffs' attorney. The appeals court found that the power of attorney provided did not meet statutory requirements, rendering the plaintiffs' attorney incapable of instituting the action. Consequently, there was no legitimate plaintiff before the court, making the High Court's judgment invalid. The appeal was upheld, nullifying both the plaintiffs' claims and the defendants' counterclaims due to the lack of capacity established through the defective power of attorney.
J U D G M E N T
K .A. ACQUAYE, J.A.
This judgment is in respect of an appeal lodged against a judgment delivered by a High Court in Accra, in respect of two consolidated suits on 21st day of January 2010.
In the first suit, the plaintiffs/respondents, through their lawful attorney, issued a writ of summons claiming against the defendants/appellants:.
A declaration of title to a parcel of land containing an approximate area of 0.15 acres being at Kwashieman in Accra as described in the site plan attached.
Perpetual injunction restraining the defendants from interfering with the plaintiffs’ quiet enjoyment of the said land.
Damages for trespass against the defendants.
In the second suit, the plaintiffs/respondents issued a writ claiming in addition to the claims in the first writ a claim for declaration of title to house number B 916/33, Awoshie, Accra.
The attorney of the plaintiff who testified on behalf of his principals tendered the power of attorney created in his favour in evidence which was admitted as exhibit A. He told the court that he went to the Land Title Registry in 2001 with his father’s indenture and site plan to register the subject matter of this suit in the name of his father who died on 14th August 1990. At the Land Title Registry he was informed that the 1st defendant had registered the land in the name of the 1st defendants father Ebenezer Adolphus Sackey. The attorney testified that it was his father Albert Lakotey Quaye who built the house on the land in which he has lived since 1977. He complained that the 1st defendant had used the house to secure a loan from the 2nd defendant hence his claims. The attorney admitted under cross-examination that on 19th March 2004 an auctioneer called Aryee and Court Bailiffs came to eject occupants of an adjoining house but he has since set aside the judgment the 1st defendant obtained in that suit.
The 1st defendant testified that his father Ebenezer Adolfus Sackey bought the land from Gbawe Tawiah in 1960 and tendered a copy of the registered document as exhibit 1. The 1st defendant testified that the land acquired by his father measured 110 feet by 160 feet and he named some of his boundary owners. He said that his father put up a building on the land in 1968 and after his father’s death in 1984 he and his brother obtained letters of administration to his estate. Later he acquired a Land Title Certificate which he tendered as exhibit 5. He subsequently mortgaged the property to