July 8, 2010
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice E. K. Ayebi J.A. delivered the Court of Appeal’s decision in a land title dispute between a leaseholder from the Gomoa Fetteh Stool and the Odupong Ofankor Stool. The respondent acquired a 99-year lease in 1977, recorded as CCT 720/82, for a 30.90-acre parcel at South-East Kasoa on the left side of the Accra–Winneba road. He sued after the appellant sold portions to third parties who began developing the land. The appellant argued the parcel formed part of its ancestral lands, cited prior use by Awutu Settlement Farms and the Ghana Prisons Service, and contended the lease was invalid during an unresolved stool-boundary dispute. The Court of Appeal, applying the rehearing standard and Ghanaian land law, held the respondent proved title through written lease evidence, identity and possession, and that the boundary dispute did not preclude adjudication. It affirmed the High Court’s declaration, injunction and possession, rejected challenges to jurisdiction and quantum of damages and costs, and dismissed the appeal.
AYEBI J. A.
This is an appeal from the judgment of the Agona Swedru High Court dated 23rd May 2006. The appellant was the defendant before the High Court whiles the respondent was the plaintiff.
At the High Court, plaintiff’s case was as follows: In 1977, plaintiff said he acquired the disputed land which lies on the left side of the Accra-Winneba motor road from Nana Abura Awushie XIX, Chief of Gomoa Fetteh.
The interest acquired was a lease for 99 years as evidenced in the indenture registered as No. CCT 720/82. Since the acquisition, plaintiff said he had been in quiet possession of the land.
The plaintiff sued the defendant because he had started selling portions of the land to some people who have started developing same.
The reliefs the plaintiff sought against the defendant are:
(a) A declaration of title to all that piece or parcel of land situate lying and being at South-East Kasoa in the Central Region of the Republic of Ghana and bounded on the North by lessor’s land measuring 934 feet more or less, on the East by lessor’s land measuring 809ft more or less, on the South by lessor’s land measuring 620 and 777ft respectively more or less and on the West by lessor’s land measuring 495ft more or less and covering an approximate area of 30. 90 acres.
b) Perpetual injunction restraining the defendant, his agents, servants, licences, lessees, assigns etc.
from having anything dealings with the said property.
c) General damages for trespass, and(d) Recovery of possession.
On his part, it is the case of defendant that the land in dispute forms part of his ancestral family land acquired by settlement and possessed many, many years ago.
In 1990’s, defendant said the disputed land was used as Awutu Settlement Farms. Later the area was taken over by the Ghana National Reconstruction Corps.
But in 1982, the PNDC government gave the area to the Ghana Prisons Service.
The Ghana Prisons Service defendant said, has been farming on the land for about 20 years without any disturbance from anybody.
The defendant described this land as bounded on one side by the Accra to Cape Coast motor road, one side by Gomoa Fetteh Stool land, on another side by Nyanyano and on other side by Kasoa Town.
It is the further case of the defendant that the disputed land forms part of the area adjudicated upon by the Stool Lands Boundaries Settlement Commission in an inquiry involving Ngleshie Amanfrom, Awutu, Senya Bereku, Gomoa Fetteh and Odupong Ofankor.
And in 1984,