JEROME MANSO v. ISAAC MENSAH
2018
COURT OF APPEAL
GHANA
CORAM
- F.G. Korbieh, J.A. (Presiding)
- Agnes M. A. Dordzie (Mrs.), J.A.
- I.O.Tanko Amadu, J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Presiding Justice F. G. Korbieh, J.A., writing for the Ghana Court of Appeal, dismissed an appeal in a land title dispute arising from the Lands Division of the High Court, Accra. The respondents title derived from a 1999 grant by the Numo Sowah Din Okpelor family of Teshie, acting through attorney Nii Okpelor Jacob Ablorh Mensah. The appellant claimed through DW1, Yakubu Abdalla, invoking a consent judgment and a 2009 instrument, and argued he was a bona fide purchaser for value without notice. The Court found the appellant never pleaded the bona fide purchaser defense and the grantor family had already divested its interest; under the nemo dat rule, no title passed to Abdalla or the appellant. The appeal was dismissed, the High Courts judgment affirmed, and general damages of GH 10,000 were awarded to the respondent on variation under rule 15 of C.I. 19.
F. G. KORBIEH, J. A.
The plaintiff/respondent’s claim against the defendant/appellant in the court below basically was for declaration of title to a piece or parcel of land whose boundaries he described as follows: “bounded on the North-East by the Lessor’s land measuring 136. 2 feet more or less on the South-East by the Lessor’s land measuring 210. 9 feet more or less on the South-West by the Lessor’s land measuring 211. 8 feet more or less which said piece or parcel of land is more particularly delineated on the Plan attached hereto and thereon marked PINK. ” He therefore issued a writ of summons in the Lands Division of the High Court, Accra making the claim which writ was accompanied by a statement of claim containing averments that have been summarized as follows: in or about 1999 the plaintiff was granted the land by the Numo Sowah Din Okpelor family of Teshie acting through its true and lawful attorney, Nii Okpelor Jacob Ablorh Mensah; in or about 2003, Suit No. CS. 28/2003 titled David Ofantser & 2 Others v. The Dzasetse of Nungua Stool had been instituted by the plaintiff and his grantors over land including the land in dispute and judgment had been declared in favour of the plaintiff and his grantors; his grantors having executed an indenture in his favour, he exercised various acts of ownership and possession over the land and later travelled abroad; during his absence the defendant, who claimed to have bought the land from an unknown grantor, trespassed unto the land and caused damage to the developments he had made on the land; he had reported the matter to the police at Nmai Dzorm but it had later been transferred to the Property Fraud Unit at the Police Headquarters for further investigations.
The defendant/appellant denied the claim and averred, among other things in his amended statement of defence, that the plaintiff’s grantor had no land to give to the plaintiff.
He averred that he acquired his land from DW1, Yakubu Abdalla, who had acquired the land from the plaintiff’s grantors through a consent judgment titled Nicholas Tawiah & 3 Others v. Adjorkor Okpelor Sowah & 3 Others.
The defendant/appellant further averred that DW1 confirmed the grant in an instrument dated 7/9/2009 which was being processed at the Land Title Registry.
He also averred that he acquired bare land and an unofficial search at the Lands Commission had revealed that there was a judgment in favour of his grantor and that subsequently he exercised overt acts of ow