2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision, authored by Henry A. Kwofie JA with Marful-Sau JA and Lovelace-Johnson JA agreeing, affirms the Circuit Court, Accra’s dismissal of J.A. Okine’s land title claim. Okine, who asserted he acquired three plots from the Onamrokor Adain Family and later executed conveyances, relied on an indenture (Exhibit L) containing inconsistent site plans (0.14 acres at Tesano; 0.26 acres at Akweteman) and alleged that the 1st defendant had established a mechanic’s workshop on the disputed land. He invoked an Abeka Town Council Arbitration Committee report and argued the trial judge should have visited the locus and ruled on arbitration, and that the defendants’ failure to prove fraud entitled him to judgment. The Court of Appeal held locus inspection was unnecessary, the Abeka Committee proceeding lacked the essential features of valid customary arbitration, and the plaintiff bore and failed to discharge the burden to prove the identity and boundaries of the land. The appeal was dismissed and the trial judgment affirmed unanimously.
J U D G M E N T
HENRY KWOFIE J.A.
On the 4th of April 2014, the Circuit Court, Accra, dismissed the plaintiff’s claim to the disputed land. Dissatisfied with the judgment of the Court, the plaintiff filed a Notice of Appeal against same on the 3rd of July 2014 on the following grounds of appeal:
i). The judgment cannot be supported by the weight of evidence adduced.
ii). Further grounds to be filed upon receipt of the judgment.
It is placed on record that no other or further grounds of appeal were
filed and or urged upon us by counsel for the plaintiff. The judgment appealed against is at pages 98 to 118 of the Record of Appeal and the reliefs sought from the Court of Appeal are:
i. An order setting aside the judgment.
ii. An order of the Court entering judgment for the plaintiff.
The facts of the case culminating in this appeal are as follows:
By a writ of summons filed on 20th September 2002 the plaintiffs/appellant (hereinafter referred to as the plaintiff) claimed against the defendants/Respondents (hereinafter referred to as the defendants) the following reliefs:
a) A declaration of title to all that piece of land or plot situate at Akweteman, Accra and as described in paragraph 19 supra
b) An order for recovery of vacant possession, damages for trespass, mesne profits of ¢200.000.00 per month from each of the defendants with effect from 1/9/1999 to the date of recovery of possession, perpetual injunction restraining the defendants their agents, servants, workmen and whosoever from entering unto, disturbing or interfering with plaintiff’s ownership, possession, occupation and quite enjoyment of the said plot of land and costs.
Specifically, in paragraph 19 of his statement of claim, the plaintiff gave the description and boundaries of his land as follows:
“19 Plaintiff says his plot of land which is the subject matter of this suit is situate at Akweteman and covers an approximate area of 0.26 acre more or less and bounded on the North-West by the property of this lessor and measuring 113 feet more or less, on the South East by the property of the lessor and measuring 113 feet more or less, on the North-East by the property of the lessor and measuring 100 feet more or less and on the South-East by the property of the lessor and measuring 100 feet more or less”.
The plaintiff’s case is that he acquired three plots of land all of which were situate at Akweteman from his grantors in 1972. He moved into possession and erected structures on o