GODWIN KORBLA DOSOO v. YAW ANSU _ ORS.
2004
COURT OF APPEAL
GHANA
CORAM
- TWUMASI (PRESIDING) JA
- P.K. OWUSU-ANSAH, JA
- S.Y. ANIM, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
At the Ghana Court of Appeal, Twumasi, JA delivered the lead judgment in a dispute over a plot of land at East Legon. The respondent, acting under power of attorney for the purchaser, claimed title based on a Land Title Certificate obtained from the Wofa Trebi Family of Teshie Lenshie, led by Ebenezer Afutu, and acknowledged appointing Captain George Acquah as agent. The appellants contended that title had earlier vested in Yaw Darko via the Obodae family and that they derived title by assignment. The trial judge voided appellants’ claim on nemo dat, relying on PW1’s account of an unpleaded judgment that Obodae lost title. On appeal, the court found the trial unsatisfactory, highlighting the absence of any tendered judgment, unresolved identity-of-land issues, and contradictory conduct by Afutu. The appeal was allowed and the lower court’s judgment set aside, with Owusu‑Ansah, JA and Anim, JA concurring.
JUDGMENT
TWUMASI, J.A.
By paragraph 3 of his Statement of Claim the respondent to this appeal averred that on the 5th January, 1991 he purchased a piece of land at East Legon and obtained a Land Title Certificate No. GA 8989 Vol. 54 Folio 106 with an approximate area of 0.298. The respondent claimed that he purchased the land from a family called "Wofa Trebi Family" of Teshie Lenshie whose head of family was one Ebenezer Afutu. The respondent admitted in cross-examination that he appointed one Captain George Acquah to act for him in all matters affecting the land, but denied instructing the said Acquah to sell the land. When respondent was asked in cross-examination as to whether he conducted a search at the Lands Valuation Board his answer was as follows:—
"Yes. But I was told the land belonged to Obodaifio who gave same to Defendant. There was judgment in a dispute over the land and there had to be a Deed of Surrender giving the land to Afutu.
Q: You were not given a report
A: No.
The respondent stated that he purchased two plots and that only one of the two was in dispute before the court. The cross-examination of the respondent continued as follows:—
Q: When the dispute started Afutu informed Captain Acquah that the defendants are the rightful owners?
A: Not correct. I am not aware of that.
Q: I am suggesting to you that Afutu gave another plot to your brother through Captain Acquah?
A: I am not aware of that.
It appears from the record that the instant witness referred to as respondent was giving evidence as the holder of a power of attorney from the real purchaser/plaintiff in the action. The claim made by the appellant was that at the time the respondent took steps to process his title to the land at the Land Title Registration Department, he was fully aware that the land had been sold to one Yaw Darko and title had been vested in the said Darko from whom they derived title by a deed of assignment, claiming further that the said Darko acquired the land from the Obodae family of Accra. PW1 testifying on behalf of the respondent stated at page 72 of the record of appeal and this averment had not been challenged by the appellants over the true ownership of the land, the Obodae family had lost the disputed land to the Wofa Trebi family headed by Afutu afore-mentioned and that the said Afutu had asked the appellants to attorn tenant to the Wofa Trebi Family and they had complied and paid for all expenses and the costs of all things including c