2022
SUPREME COURT
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Honyenuga JSC, dismissed the appellants’ challenge to the Court of Appeal’s judgment in a land title dispute involving competing grants from a common grantor, Akweinas Farms Company Limited. The appellants, a father and son, had initially acquired land from the Oshiuman Family in 1997, built a sandcrete fence, and later sought regularization with Akweinas Farms in 2007, obtaining Land Title Certificates. The respondents, however, held an earlier assignment dated 15 June 2002 registered in 2005. The Court affirmed that nemo dat quod non habet barred Akweinas Farms from conveying title to the appellants after divesting to the respondents, and that registration under Act 122 gave actual notice, defeating any priority claim by the appellants. Possession could not trump a better title. Applying NRCD 323, the Court found fraud proved beyond reasonable doubt in the appellants’ procurement of certificates, upholding cancellation. Exhibit N on change of land use did not assist appellants, as rezoning had occurred since 1990.
HONYENUGA, JSC:-
This appeal is against the judgment of the Court of Appeal dated the 14th day of January, 2019 for having dismissed the appellants appeal.
In this Judgment, the plaintiffs/appellants/appellants would hereinafter be referred to as the appellants and the defendants/respondents/respondents as the respondents.
BACKGROUND FACTS
The facts which culminated into this appeal as gleaned from the statement of claim is that the appellants who are father and son respectively acquired the land in dispute from the Oshiuman Family acting then per Nii Oshiu Ardey Cudjoe and Nii Abban Otoo sometime in 1997 with a Deed of Assignment in their favour. The appellants went into possession, occupation and constructed a solid sandcrete fence wall. The appellants had quiet enjoyment of the land until sometime in 2007 when their occupation of the land was challenged by some persons who claimed that the parcel of land was granted them by Akwein as Farms Company Limited and Nii
Kwaku Fosu II, the Ablekuma Mantse. To continue their peaceful enjoyment of the land, the appellants approached the Ablekuma Mantse to have their title regularized. In the circumstances, a Deed of Assignment was executed between Akweinas Farms and them. This deed was dated 17th September 2007, stamped as LVB 2 7377/08 and LVB 9978/08 respectively. According to the appellants, the respondents trespassed on the land by breaking part of the fence wall and started the construction of permanent building structures. All attempts to stop the respondents failed and therefore caused a writ of
summons accompanied by a statement of claim to be issued out against the respondents claiming thus: -
“i. A Declaration of Title To ALL THAT piece or parcel of land described as SCHEDULE ‘A’ and ‘B’ in the statement of claim.
ii. Recovery of possession.
iii. Damages for Trespass
iv. Perpetual injunction restraining the Defendants their agents and assigns from ever interfering with the plaintiff’s quiet enjoyment.”
The respondents resisted the claim of the appellants and averred that the real owners of the land in dispute are Akweinas Farms Company Ltd and whose land does not form part of Oshiuman land. They maintained that at the time the appellants went to register the land, they were confronted with the respondents’ prior interest dated 15th June 2002 stamped as AR/6399A/2005. Further, Akweinas Farms Company Ltd divested themselves of interest in the land after executing a Deed of Assignment in favour