GEORGE OSEI AKWASI v. ALEX KWASI ADJEI & OTHERS
2019
COURT OF APPEAL
GHANA
CORAM
- Honyenuga J.A. (Presiding)
- Torkornoo, J. A.
- Gaisie J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Contract Law
- Evidence Law
- Equity and Trusts
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from a dispute where the 1st Respondent demolished the Plaintiff's property and constructed a hostel in its place without written consent. The trial court ruled in favor of the 1st Respondent based on alleged oral agreements. The Plaintiff appealed, arguing the judgment was against the weight of evidence. The appellate court found the trial judges conclusions unsupported by evidence, reversed the decision by upholding the Plaintiff's title to the land, nullifying the perpetual injunction previously granted to the 1st Respondent, and awarding damages to the Plaintiff for pain and suffering.
J U D G M E N T
TORKORNOO, J. A:
This is an appeal from the high court, land division, Accra. The Plaintiff/Appellant and 1st Defendant/Respondent agreed that they had a close relationship for more than a decade before the facts that led to this dispute occurred. While the Appellant described the 1st Respondent as his houseboy and caretaker of his property, the 1st Respondent described himself as a friend to the Appellant. The other Respondents are tenants in the subject matter of the dispute.
It was undisputed in the high court that the land with building known as House No C580/14, Dzorwulu belongs to the Appellant. It was also not contested that the Appellant had a one-storey building on the land as at 2007. It is also not contested that by 2010, the Appellant’s house had been pulled down by the 1st Respondent. In it’s place, the 1st Respondent had constructed a hostel comprising 23 rooms. He did this in the absence of the Appellant who was then living in the Netherlands.
It is the destruction of Appellant’s house and construction of the hostel thereon by 1st Respondent, and the taking over of the land with the new building by 1st Respondent that led to this dispute.
What was contested in the dispute was whether the Appellant authorized the 1st Respondent to pull down his building and construct the hostel, and whether the 1st Respondent should be allowed to remain in exclusive control of the hostel and collect rents from it to set off the cost of the construction.
It was the case of the Appellant that when he travelled to Ghana from the Netherlands some time in 2010 and found that his house had been pulled down, a hostel constructed in its stead and tenants in the building, he tried to locate the 1st Respondent who had been the caretaker for the building. The 1st Respondent had gone into hiding. According to the Appellant, he had not consented to the demolition and rebuilding of his house, and he searched for the 1st Respondent to account for this state of affairs. He reported the 1st Respondent to the police, and again sued him at the Kaneshie district court for recovery of possession of the house.
The judgment obtained from the Kaneshie court was later set aside and he commenced this new case in the high court for the following reliefs:
a. An order declaring in favour of Plaintiff title to all that piece or parcel of land more particularly described in the Schedule attached hereto and that Plaintiff is the bona fide owner of House No. C625/14,