2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, representing the estate of the late Daniel Quaye Tawiah, sought a declaration of title, recovery of possession, and damages concerning land gifted to Tawiah by the Nungua Stool. The 1st defendant alleged fraud and counterclaimed. The court found that a previous judgment nullifying a deed of purchase did not affect the deed of gift. The court held in favor of the plaintiff, confirming the deed of gift and rejecting the 1st defendant's counterclaims.
The plaintiff sued the defendants claiming for:
“(a) A declaration of title to all that piece and parcel of land situate at Baatsona, Nungua, bounded on all sides by Nungua stool land measuring on north 2640 feet more or less on the south 2640 feet more or less on the west 2640 feet more or less and on the east 2640 feet more or less and covering up approximate area of 160 acres.
b) Recovery of possession of the said land.
(c. ) Damages for trespass committed by the defendants, their agents, servants and assigns on the said land.
(d. ) Perpetual Injunction restraining the defendants by themselves, their agents, servants and assigns from further trespassing on the said land”. The trust of the plaintiff’s case is that the late Daniel Quaye Tawiah in his lifetime acquired the land described on his writ of summon from the Nungua Stool as a gift.
A deed of gift was executed in his favour by the Nungua Stool and same was registered at the Land Title Registry.
The plaintiff who sued as one of administrators of the late Daniel Tawiah brought the action for his behalf and on behalf of the estate.
Upon service of the Writ of Summons and Statement of Claim on the defendant who is now 1st defendant, it pleaded fraud against the deed of gift which the plaintiff is claiming title through.
It gave two particulars of fraud and they are;
1. The plaintiff has altered the date on the document he is relying on and 2. That the plaintiff also registered other documents on the same land with forged signatures.
The 1st defendant further counterclaimed against the plaintiff for the following reliefs:
“(a) An order to expunge from public records all the documents registered in violation of Ollenu’s judgment and
(b) An order expunging from public records all documents falsified and/ or forged by plaintiff from public records”. The 2nd, 3rd and 4th defendants were subsequently joined to the suit as defendants after having found them developing portions of the disputed land.
Stated differently, the 1st defendant is the grantor for the 1st, 2nd and 3rd defendants.
The trust of the 1st defendant’s case was that Ollenu J. (as he then was) in a suit entitled Borkete Osonoware and 23 Others Vs. Odai Ayiku V and another on 27th July, 1962 declared the plaintiffs title deeds null and void and the land, the subject matter of the dispute devolved unto the Nungua stool which made the alienation to the plaintiff.
The 1st defendant further contends that the plaintiff’s grantor who