KWEINOR TEI KWABLA FORZE v. NENE KWAKU DARPOH & ORS
2016
SUPREME COURT
GHANA
CORAM
- ANIN YEBOAH JSC (PRESIDING)
- BAFFOE- BONNIE JSC
- BENIN JSC
- AKAMBA JSC
- APPAU JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case involves a land dispute where the Plaintiff sued for a declaration of title, perpetual injunction, and damages against the Defendants, focusing on improper documentations and trespass. The 1st Defendant counter-claimed title, while the 3rd Defendant denied Plaintiff's claims seeing the land as belonging to his family. The trial High Court dismissed both Plaintiff's and 1st Defendant's claims citing poor boundary descriptions by the 1st Defendant. Both parties lost their appeals in the Court of Appeal. The 1st Defendant further appealed to the Supreme Court, which upheld the decisions of the lower courts, ruling the description of boundaries and evidence provided by the 1st Defendant were insufficient for title declaration.
JUDGMENT
YAW APPAU, JSC:
My Lords, the appeal before us is a progeny of a three-pronged action initiated by the Plaintiff Kweinor Tei Kwabla who described himself under paragraph 1 of his Statement of Claim as the head of the Forzie Family of Terkpenya, Old Ningo on whose behalf he sued. The endorsement on his writ of summons filed on 14/02/2007 was as follows:
1. Plaintiff claims against 1st and 3rd Defendants:
(a) A declaration of title to the vast tract and parcel of land being, lying and situated at TERKPENYA in the Greater Accra Region containing an approximate area of 9404.28 acres more or less and which piece and parcel of land is more particularly described in paragraph 5 of the accompanying statement of claim.
(b) An order for perpetual injunction to restrain 1st and 3rd Defendants, their agents, assigns, privies, workmen, labourers or any persons lawfully claiming through 1st and 3rd Defendants from having anything to do with the said land, more particularly entering thereto with the purpose of developing or alienating same or doing any act or acts detrimental to the right and interest of Plaintiff in the said land.
(c) General damages for trespass.
2. Plaintiff claims against 1st and 2nd Defendants:
(a) A declaration that the plotting of a Vesting Assent (made on the 24th day of February 2005 in the records of the Lands Commission (2nd Defendant) as No. V 4018 and registered as No. Ar. 3036/2005 made in favour of NENE KWAKU DARPOH and OTHERS is wrongful, null and void and of no legal effect whatsoever.
(b) An order directed at the 2nd Defendant to expunge the registration of the said Vesting Assent from its records.
3. Plaintiff claims against the Defendants for:
(a) A declaration that a lease Agreement executed by Numo Awuley Kwao, the 3rd Defendant herein dated the 10th day of October 2004 plotted in the records of the Lands Commission (2nd Defendant) as No. V 5380 and registered as No. AR 7898/2005 is wrongful, null and void and of no legal effect whatsoever.
(b) An order directed at the Lands Commission (2nd Defendant) to expunge the said plotting and registration of the lease Agreement described above from its records.
All the three Defendants entered appearance to the Writ through separate legal representations. While the 1st and 3rd Defendants defended the actions against them, the 2nd Defendant (the Lands Commission), in its usual way of handling such legal suits against it, failed to defend the action. The trial High Cou