NANCY ACQUAAH v. JOSHUA TETTEH & OTHERS
2021
COURT OF APPEAL
GHANA
CORAM
- L.L MENSAH, J.A (PRESIDING)
- MERLEY A. WOOD, J.A (MRS)
- ERIC BAAH, J.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Merley A. Wood JA with L.L. Mensah JA and Eric Baah JA concurring, affirmed the High Court’s judgment in favor of Nancy Acquah and her daughters concerning Adjiringanor land acquired from the Ashong Mlitse Family in 2000. The Court dismissed Kennedy Andam’s preliminary objection alleging lack of jurisdiction based on service outside Ghana, holding he waived any irregularity by filing a defence and motions. Although the High Court misreceived Exhibit C (the lease) insofar as it was unregistered and thus lacked effect, the Court of Appeal found ample independent proof of Plaintiff’s prior acquisition and possession, including a receipt (Exhibit B), a fence wall, and a caretaker’s occupancy. Exhibit 2’s terms showed Andam contracted for a house to be built, undermining his lintel-level claim; under the Evidence Act’s conclusive presumption by deed and the doctrine of constructive notice from visible possession, 2nd Defendant lacked title and Andam was not a bona fide purchaser. The appeal was dismissed with GHȼ10,000 costs.
JUDGMENT
MERLEY A. WOOD JA
In this appeal against the judgment of the High Court, General Jurisdiction Division, Accra, delivered on 31st October, 2018, the 3rd Defendant/Appellant’s complaint set out as the sole ground of appeal is that the judgment is against the weight of evidence led.
The matters that have given rise to the instant appeal are as follows:
The Plaintiff/Respondent (hereafter referred to as the Plaintiff or alternately as the Respondent) on 22nd February 2008 sued out a Writ of Summons and a Statement of Claim which was amended on 14th July 2009 for a declaration that the Plaintiff is the owner of the land described on the statement of claim, the subject matter of this action; recovery of possession of the land; perpetual injunction restraining the Defendants, their agents, privies, workmen, assigns and beneficiaries from ever entering the property; an order to pull down any structure built on the land for or at the instance of any of the Defendants or their agents, servants, workmen, assigns etc; general damages for fraud, an order to cancel any land document procured by any of the Defendants in respect of the land; any other relief as the court will deem fit.
It was the Plaintiff’s case in pleading that the land in dispute described as lying at Adjiringano bounded on the North-West, North-East and South-East by their Lessors’ land, and covering an approximate area of 0.37 acre more or less or 2 plots , was acquired by a lease in or about the year 2000 from the lessor Seth Laryea Mensah, Head and Lawful Representative of the Ashong Mlitse Family of Odaiteitse We for Thirty Two Million old cedis (ȼ32,000,000.00) after which a receipt was issued and a lease executed for them. Seth Laryea Mensah was the predecessor of the 4th Defendant as the head of the Ashong Mlitse family. The 1st Defendant who belongs to the said Ashong Mlitse family is the one who led the Plaintiff’s representative Adriana Acquah in the negotiations and acquisitions thereof.
The Plaintiff further pleaded that she cleared the vacant land, erected a wall around it and built a one room structure into which Noah Agusah, the caretaker lived.
She alleged that when Adriana Acquaah visited the site after about two years it was noticed that some trespassers had commenced building on a portion of the land and investigations revealed it was the 1st Defendant who had sold the land to the 2nd Defendant who had in turn sold it to the 3rd Defendant which was hurriedly develope