GLADYS OBENEWA AFARI v. NANA DONKOR MANIANOR II & OTHERS
2021
COURT OF APPEAL
GHANA
CORAM
- KWOFIE, JA (PRESIDING)
- OBENG-MANU JNR, JA
- KOOMSON, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment, authored by Justice George K. Koomson and joined by Justices Henry Kwofie and Obeng‑Manu Jnr, arises from a land title dispute at Obosomase in the Eastern Region. The Appellant claimed ownership of 441.98 acres based on a conveyance to her father, James Winfred Afari, from Kwasi Danso, the Mankrado of Obosomase, and long acts of possession and boundary demarcations using ntome trees. Respondents contended Afari received only 17 acres and invoked alleged shrine areas, objecting to registration at the Lands Commission. The trial court, despite finding identity unproven, awarded 30 acres without describing the parcel. On rehearing, the appellate court applied established identity-of-land standards, credited Exhibit D and boundary neighbor testimony, rejected the need to consult the grantor for a new site plan, found Respondents lacked measurements and shrine proof, set aside the 30‑acre award, and entered judgment for all reliefs to the Appellant.
J U D G M E N T
KOOMSON, JA
The facts that occasioned this appeal are that, the Plaintiff/Appellant (hereafter called ‘‘the Appellant’’), claims to be the lawful owner of a piece of land situate at Obosomase in the Akwapim South District of the Eastern Region. That she became the owner of the land after her father, James Winfred Afari, a native of Obosomase, gifted the land to her because she was the only daughter to have married from his hometown of Obosomase. According to the Appellant, her father purchased the land in dispute for eighty pounds (£80) from Kwasi Danso (the then Mankrado of Obosomase). It was contended further by the Appellant that after her father purchased the land, its boundaries were physically marked with ntome trees. In exercising acts of possession over the land, James Winfred Afari gave out portions of the land to his brother Opanyin Kwame Armah, Opanyin Kofi Amoah, one Mr. Mensah and family, Mr. Ametepe and his family and a native of Nungua called Aprodoku, for purposes of farming.
The Appellant claims that when she became the owner of the land, she also permitted certain persons to cultivate on the land and these tenant farmers paid a token to her as appreciation and acknowledgement that she was the owner of the lands. Subsequently, she discovered that the 1st to 3rd Defendants (herein after called the Respondents) were selling portions of her land to third parties without her consent. The Appellant claimed that in one such unlawful sale, the Respondents attempted to alienate portions of her land to Comet properties but her timely intervention prevented the sale from materializing. The Appellant caused to be registered at the Lands Commission, Koforidua, a statutory declaration confirming her ownership of the land on the basis of the transaction between her father, James Winfred Afari and Kwasi Danso. The Respondents objected to the said registration of the land being claimed by the Appellant on grounds that, the Appellant is attempting to register a larger portion of land than was granted to her father. As far as the Respondents are concerned, the father of the Appellant purchased about 17 acres of land and not 441.98 acres as it was being claimed by the Appellant. The Appellant resorted to the law courts in an attempt to vindicate her ownership of the 441.98 acres. By a writ of summons and statement of claim issued against the Respondents and the Lands Commission, the Appellant claimed the following reliefs;
1. Declaration