JAKE KWARTENG ACHEAMPONG v. AMPOFO EDUSEI & ANOR
2015
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU, JA (PRESIDING)
- ADUAMA OSEI, JA
- DORDZIE, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff, Aduama Osei, sought legal recognition of his title to a land parcel in Accra, among other claims. The trial court ruled in his favor. The Defendants appealed, arguing the judgment contradicted the evidence, misallocated the burden of proof, wrongfully canceled their land title certificate, and failed to acknowledge the implications of the Supreme Court judgment in a related case. The appellate court upheld the trial court's decision, affirming the Plaintiff's title and dismissing the Defendants' grounds of appeal. Legal principles concerning the burden of proof, indefeasibility of land title, constructive notice, and inherent court powers were central to the appellate court's judgment.
J U D G M E N T
ADUAMA OSEI
By his writ of summons issued in the Fast Track Division of the High Court on the 23rd of September, 2008, the Plaintiff/Respondent claimed against the Defendants/Appellants a declaration of title to a parcel of land situate at Nmai Dzorn in Accra, containing an approximate area of 4.13 acres or 1.67 hectares. The Plaintiff/Respondent also claimed recovery of possession of the said parcel of land, damages for trespass, and perpetual injunction to restrain the Defendants/Appellants, their assigns, privies, workmen and agents from dealing with the land in any manner whatsoever.
On the 27th of July, 2011, the trial Court delivered its judgment in which it granted the Plaintiff/Respondent all the reliefs he prayed for. Not satisfied with the decision of the trial Court, the Defendants/Appellants have appealed against the same to this Court, and this is our judgment in the appeal. The Notice of Appeal is at pages 216 and 217 of the Appeal Record and the judgment of the trial Court is at page 331 to page 362 of the said Record. In this judgment, the Plaintiff/Respondent is referred to as “the Plaintiff” and the Defendants/Appellants are referred to as “the Defendants”.
The grounds of appeal as disclosed on the Notice of Appeal are quoted hereunder:
“i) The judgment is against the weight of evidence.
“ii) The learned trial judge misdirected himself on the question of burden of proof.
The particulars of misdirection are as follows:
a) The learned trial judge failed to apportion the burden of proof on the parties at various stages of the trial;
b) The learned trial judge held that Plaintiff carries the burden of proof, but held at the same breath, that the Defence has to establish the converse of the issues set down for trial.
“iii) The learned trial judge erred in law when he cancelled the Land Title Certificate of Defendant’s grantor on grounds of fraud and or mistake.
“iv) The learned trial judge erred in law when he held that Defendants’ grantors’ grant required the concurrence of the Minister of Lands.
“v) The learned trial judge failed to appreciate the legal consequence of the Supreme Court judgment in the case of Adjetey Agbosu and others v. Ebenezer Nikoi Kotey & ors dated 5th May, 2004, with regard to Defendants’ grantor’s title acquired subsequent to the Supreme Court judgment dated 5th May, 2004.
“vi) The learned trial judge erred in law in not holding that the Defendants were not affected by the Supreme Court ju