January 21, 2009
SUPREME COURT
CORAM
AI Generated Summary
This Supreme Court of Ghana appeal concerns competing claims to land at North Odorkor between a 1st Appellant company, represented by Joseph Awuley Ashong, and Respondents asserting title through the Asere Stool. The Appellants sought declaration of title, possession, damages for trespass, and injunction, relying on a purchase from the 2nd Appellant, who had previously succeeded in Civil Appeal No. 25/80 (Ashaley Okoe v Togbe Hahormene III & Anor). The High Court (Lutterodt J.) dismissed Appellants claims and entered judgment for Respondents on a counterclaim, and the Court of Appeal largely affirmed in a split decision (Essifie-Bondzie JA and Benin JA forming the majority; Lamptey JA dissenting). In the Supreme Court, Appellants abandoned most grounds and pressed for retrial. The Court held Appellants failed to prove title because Exhibit A lacked land description and Exhibit B was disavowed by the 2nd Appellant, making identification of the suit land impossible. Applying settled principles on land identification and appellate deference to concurrent findings, the Court affirmed Respondents counterclaim and dismissed the appeal, declining a retrial as purposeless.
JUDGMENT
JONES DOTSE (J.S.C)
The facts in this appeal admit of no controversy whatsoever.
The Plaintiff/Appellant and Co-Plaintiff/Appellants hereinafter referred to as the 1st and 2nd Appellants claimed in their amended writ of summons in the High Court, against the Defendant/Respondent and later the Co-Defendant/Respondent hereinafter also referred to as the 1st and 2nd Respondents respectively, the following reliefs:
“Declaration of title to all that piece of land at North Odorkor measuring on the North West by 300 feet more or less, South East by 70 feet more or less, North East by 70 feet more or less and South West by 70 feet more or less.
Damages for trespass.
Recovery of Possession and
Injunction”.
The 1st Appellant’s claim is that, he purchased this piece of land for valuable consideration from the 2nd Appellant. The 1st Appellant further contended that his vendor, the 2nd Appellant, was adjudged victorious in Civil Appeal No. 25/80 entitled
ASHALEY OKOE
VRS
TOGBE HAHORMENE III & ANOR.
and declared to be the absolute owner of all the land. The Appellants also claimed that the land in dispute before the High Court forms part of the land in respect of the Civil Appeal referred to supra.
The Appellants, provoked by the entry of the 1st Respondent on to the land, initiated the action against him in the High Court claiming the reliefs referred to supra. The 1st Respondent, later joined by the 2nd Respondent upon an order of the High Court, also filed a counterclaim and claimed to have purchased the land from its original owners the Asere stool.
After trial, the High Court Accra, presided over by Lutterodt J, as she then was, dismissed the Appellants’ claims before the court and gave judgment to the Respondents on their counterclaim.
Out of abundance of caution, this is what Lutterodt J, said in her judgment delivered on 31-7-91:
“Ordinarily the dismissal of the Plaintiffs’ claim should have ended the matter and left the defendants in possession possibly until another challenger emerges. But, because of their counterclaim I would proceed to determine whether or not they are entitled to the reliefs sought. The co-defendant acquired title from the defendant.
I think they each succeeded in establishing a prima facie case of title to the land in dispute. We do not only have their respective deeds but the evidence of their grantor showing the land was validly granted by him with the consent and concurrence of the accredited elders of the Ase