2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Gyadu Dart Company Limited sought declaration of title, trespass damages, and an injunction over a 2.626-acre parcel at South Legon, claiming an Osu Stool grant and possession via a fence wall and security post. The defendants responded that the land formed part of government-acquired property (for the then University of Gold Coast), was occupied by the Department of Rural Development, and that the Osu Stool lacked title. The High Court framed issues on title, the lawfulness of a 2010 Lands Commission grant to the 2nd defendant, and estoppel, then dismissed the claims. On appeal limited to the weight of evidence, the Court of Appeal re-evaluated the record under Rule 8 of C.I. 19, applied the nemo dat principle and the Supreme Courts guidance on proving title, found Gyadu Darts root of title defective, confirmed the Lands Commissions authority under a 2008 order, rejected damages for lack of proof, and dismissed the appeal with costs.
JUDGMENT
A.M. DORDZIE, JA:
The appellant herein, Gyadu Dart Company Limited, instituted an action in the High Court Land Division claiming the following reliefs as disclosed in its amended statement of claim:
A declaration of little to a parcel of land situate at South Legon, Accra measuring 2 .626 acres.
Damages for trespass including consequential issues occasioned by destruction of the structures on plaintiff’s land.
An order of perpetual injunction restraining the defendants, their servants, agents, assigns and workers from encroaching or interfering in any way with plaintiff’s land.
The land, which is the subject matter of the action is described in the schedule as follows: “All that piece or parcel of land situate, lying and being at South Legon, Accra in the Greater Accra Region of the Republic of Ghana containing an approximate of 2.626 Acres bounded on the North-East by proposed road measuring 380.0 feet more or less on the South-East by the lessors land measuring 370.0 feet more or less on the south by a proposed road measuring 270.0, 100.0, 90.0 feet respectively more or less on the North-West by Lessors land measuring 150.0, 40.0 feet more or less”.
The plaintiff’s averments in its statement of claim are:
That it acquired the above described land from the Osu Stool in January 2006 and therefore the lawful owner of the said land.
The acquisition is documented in a conveyance dated 20th day of January 2006 executed between Nii Ako Nartei IV, Osu Mankralo and acting Osu Mantse and the plaintiff company.
Plaintiff took possession of the land and put a caretaker on and later built a fence wall and a security post on the land and enjoyed peaceful possession of the land until the defendants without any justification entered the property and destroyed part of the fence wall and security post.
The defendants claim The Lands Commission had made a grant of the same land to the 2nd defendant company.
Plaintiff further averred that its grantor, the Osu Stool had previously sued The Lands Commission over a larger area of land including plaintiff’s land in suit No.: BL 90/2004 which is pending before the High Court Accra.
In the said suit The Lands Commission was restrained by an injunction order of the court dated 26th January 2005 from leasing any part of the disputed land pending final determination of the suit.
The Lands Commission failed to comply with the injunction order. The Osu Stool therefore made several newspaper publications and iss