HELENA NANA KESEWA & ANOTHER v. REGINALD MANN & ANOTHER
2021
COURT OF APPEAL
GHANA
CORAM
- SUURBAAREH, J.A. (PRESIDING)
- MERLEY WOOD (MRS.), J.A.
- DODOO (MRS.), J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Respondents purchased land interests through assignors who acquired from the Gbawe Kwartei family in 1989 and 1990, while Appellants purchased from the Anyaa Stool in 1991 and 1996 during ongoing litigation between the stools. After the Supreme Court’s 2002 decision in Augustus Kpakpo Brown v. S. Bosomtwe & Co. Ltd. & Adam Kwartei Quartey Family confirming the Gbawe Kwartei family’s title, Respondents’ assignors fenced the property. Appellants entered and built structures; Respondents destroyed them and sued for declarations, possession, and damages. The High Court granted declarations and possession, rejected trespass damages, and dismissed Appellants’ counterclaim. On appeal, Appellants argued capacity, limitation, bona fide purchase, and fraud. The Court of Appeal held limitation was not pleaded and unproven, purchases occurred during pending litigation, Appellants were not diligent, fraud was unpleaded and unproved, and once the Gbawe Kwartei family had granted the land, it could not later regularise Appellants’ title. The appeal was dismissed and the High Court judgment affirmed.
SUURBAAREH, J.A.: This is an appeal against the judgment of the High Court, Land Division, Accra, dated 28th July, 2017. The trial judge, in his judgment, granted the reliefs sought by the Plaintiffs/Respondents, whilst dismissing the counterclaim of the Defendants/Appellants.
In this judgment, whilst the Plaintiffs/Respondents would simply be called Respondents, the Defendants/Appellants would be called Appellants for short. The parties had both sought a declaration of title, recovery of possession, damages for trespass, amongst other reliefs in respect of a piece of land described in their respective pleadings. Whilst the Respondents, who acquired their titles to the disputed land in 2014, trace their root through purchase by their assignors from the Gbawe Kwartei family in 1989/20 respectively, the Appellants trace their root through Anyaa Stool by purchase in 1996 and 1991 respectively.
It is pertinent to note that at the time both parties acquired their lands, there was litigation between Anyaa Stool and the Gbawe Kwartei family in respect of land which included the lands in dispute in this appeal. As the Respondents’ assignors were not certain if their acquisition was from the right source, they averred that they made payment to Anyaa Stool, which had then insisted that it was the true owner of the land. The suit between Anyaa Stool and Gbawe Kwartei family, which began in 1981, eventually ended at the Supreme Court in 2002, with the Gbawe Kwartei family being declared winners. Judgment in this suit, Civil Appeal No. 1/2001, entitled Augustus Kpakpo Brown v. S. Bosomtwe & Co. Ltd. & Adam Kwartei Quartey Family, was delivered on 29th May, 2002. It was after the judgment that upon a publication made by the Gbawe Kwartei family, the Appellants, in July 2005, went to pay what was described as “knocking fees” by way of regularising their title with the family.
From the pleadings, before the Respondents acquired their interest in 2014, their assignors after their acquisition realised that some trespassers had gone onto the land and after futile attempts to get them out, two actions were instituted at the Community Tribunal, Kaneshie against the Appellants herein known as the trespassers. The facts also show that after the Gbawe Kwartei family won the case, the assignors of the Respondents went on to build a fence wall around the property. The facts further show that even after the fence wall had been built, the Appellants persisted in their trespass, re