KOFI AGYEMANG v. MANAGING DIRECTOR, JAAH ENGINEERING COMPANY LTD
2016
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, J.A. (PRESIDING)
- K. A. ACQUAYE, J.A.
- M. WELBOURNE (MRS), J.A
Areas of Law
- Land Law
- Property Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs/appellants were granted a declaration of title to the land in dispute after the trial judge's decision was overturned on appeal. The trial judge had erred in holding that the plaintiffs' documents of title were ineffective due to lack of registration. The appellate court found that the documents were indeed registered and that the trial judge's reliance on an unrelated case was improper. Judgment was entered in favor of the plaintiffs/appellants, declaring them owners of the land and ordering recovery of possession.
J U D G M E N T
K. A. ACQUAYE, J.A.
The plaintiffs/appellants issued a writ of summons claiming against the defendant/respondent a declaration of title to a parcel of land situate at Achimota, Kingsby Hotel area, recovery of possession, ejection of the defendant and cost including legal fees.
Upon the failure of the defendant to enter appearance and file a statement of defence the plaintiffs obtained an interlocutory judgment and later gave evidence in proof of their title. The 1st plaintiff testified that he is the Managing Director of the 2nd plaintiff. On 20th April 2006 he obtained an assignment of land from one Charles Martins in the name of the 2nd defendant and he was given a document which he tendered in evidence as exhibit A. The 1st plaintiff testified that the defendant who is in possession of the land has refused to vacate same. He stated that he conducted a search at the Lands Commission which disclosed that the land had been transferred to the 2nd defendant and he tendered a copy of the search which was admitted as exhibit B. The defendant even though served with hearing notice for the proof of title was absent from court and was also not represented. As a result the plaintiff was not cross-examined. The plaintiff called one witness who testified that he was a member of the Onamreko Adain family which sold the land to the 2nd plaintiff’s grantor Charles Martins and they gave Charles Martins a lease. At the time they gave the land to Charles Martins there was litigation between Nii Paul Ayitey Tetteh as plaintiff and the then head of family B.A. Quarcoo and Jaafru Mensah over which party was the head of the Onamroko Adain family. The witness testified that an attempt to injunct B. A Quarcoo and Jaafru Mensah was dismissed by the High Court. A copy of the ruling was admitted as exhibit C. As a result the Lands Commission distributed a circular among its staff directing “that documents on Onamrokor Adain Family Lands executed by B.A. Quarcoo as head of family are to be accepted for processing and plotting, until the High Court decides otherwise”. A copy of the circular was admitted as exhibit D. The evidence of the witness also stands unchallenged as there was no one to cross-examine him.
In his judgment the trial judge found that there is no evidence before the court that exhibit A has been registered under the Land Title Registration Law (PNDCL 152) or Land Registry Act 1962 (Act 122) as submitted by plaintiffs’ Counsel except that it had